Question juridique clé
Whether confiscation in lottery-law cases is governed exclusively by Art. 43 LG or whether Art. 59 StGB also applies
Solution extraite
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.
Motifs extraits
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 The reservation in Art. 333 para. 1 StGB must be interpreted restrictively for outdated special statutes.