Questão jurídica principal
Whether the cantonal court cured an inadequate seizure order by substituting a new basis without hearing the accused
Decisão extraída
No. The court violated the right to be heard by relying on a new legal basis for the restraint without giving the accused an opportunity to comment.
Fundamentação extraída
The original order and the cantonal submissions did not clearly raise an Ersatzforderungsbeschlagnahme under Art. 71 Abs. 3 StGB. Because the legal prerequisites and effects differ from other seizure types, the accused had to be heard before such a substitution could be used.