Question juridique clé
Whether confiscation proceeds could be allocated to the complainants under Art. 73 StGB without a final civil claim title.
Solution extraite
No. Allocation under Art. 73 StGB requires a claim that has been finally awarded in criminal or civil proceedings or fixed by settlement; the complainants lacked such a title.
Motifs extraits
The complainants' civil claims had been referred to the civil courts and were still pending. The court held that payment of confiscation proceeds cannot be ordered merely on the basis of substantiated allegations or documents; the decisive element is the existence of a legally established claim title.