Whether the seizure of D.________’s assets was justified under Art. 223 al. 1 CPP for evidentiary and confiscation purposes.
Yes. At this early stage of the investigation, sufficient indications existed that the seized items may have been the proceeds of the offences or could serve to secure confiscation or a compensatory claim.
The investigation had just begun, the appellant gave only unsupported assertions about prior acquisition, and her silence did not help clarify provenance. The court held that seizure is permissible not only to preserve evidence but also to secure confiscation under Arts. 69 and 70 CP and, if necessary, a compensatory claim or allocation to the injured party.