Key legal question
Whether confiscation in lottery-law cases is governed exclusively by Art. 43 LG or whether Art. 59 StGB also applies
Extracted holding
Art. 59 StGB applies to the confiscation of assets in lottery-law offences and takes precedence over the older, rudimentary Art. 43 LG insofar as it concerns asset confiscation.
Extracted reasoning
Art. 59 StGB is the newer general provision governing asset confiscation, whereas Art. 43 LG only regulates confiscation rudimentarily for the objects typical of lotteries in their traditional forms. The reservation in Art. 333 para. 1 StGB must be interpreted restrictively for outdated special statutes.