Questione giuridica chiave
Whether the prosecutor could assign a civil action deadline when deciding the return of seized items under § 56 Abs. 2 StPO.
Decisione estratta
The order had no sufficient factual basis because the allocation of possession and ownership had to follow the civil-law possession rules, not the criminal suspicions under investigation.
Motivazione estratta
Return of seized items serves to restore lawful possession. Under the applicable civil-law rules, the earlier possessor is presumed to be the owner, and the prosecutor may not reverse the burden of action on the basis of mere suspicion. Since the appellant was at least presumptively entitled under the possession rules, setting the deadline in the manner chosen was arbitrary.