Kernrechtsfrage
Which claimant should be given the deadline to file a civil action concerning seized property claimed by several persons?
Extrahierter Entscheid
The criminal judge must base the choice on the appearance created by civil law; here, the insurer as successor of the stolen owner had the better claim, so the deadline had to be set for S. rather than for the insurer.
Extrahierte Begründung
For seized objects no longer needed for the criminal case, the judge decides provisionally according to civil-law rules. Where multiple persons assert a claim, the relevant criterion is the civil-law appearance after a preliminary assessment. The appellants showed by documents that they had bought the weapons in good faith from a merchant; under the possession rules, the stolen owner can reclaim them only against reimbursement of the purchase price. Until reimbursement, the appellants had a better right than the stolen owner and thus than his assignee insurer.