Whether the seizure of the Playstation console and television was lawful under evidentiary/confiscation rules.
The seizure was lawful because the objects could have been acquired with proceeds of the offence and, in any event, could secure a future compensatory claim under Article 71(3) CC.
The seizure may preserve evidence and secure confiscation or compensation. Even if the confiscatable assets are no longer available, substitute assets may be seized irrespective of their link to the offence. The accused admitted substantial heroin sales, making it plausible that the seized items were bought with illicit proceeds and that their value was lower than the likely proceeds.