Question juridique clé
Whether the seized Angolan passport had to be returned after the dismissal order.
Solution extraite
Yes. Once the proceedings were dismissed and the appellant lived in Switzerland with a B permit, there was no reason to keep the passport seized; the conditions for confiscation under Art. 69(1) CP were not met.
Motifs extraits
The prosecutor agreed with the request on appeal. Since the criminal case ended in the appellant's favour and no confiscation grounds existed, continued retention of the passport was unjustified.