Facts
On May 13, 2022, the St. Gallen Cantonal Police stopped a Hyundai passenger car registered to [A. AG] for a check. They found that the driver, [B.] , the managing director of [A. AG] , had a driver's license revocation for all vehicle categories. As a result, the passenger car was impounded. [A. AG] filed a complaint against the seizure order of the Public Prosecutor's Office dated May 31, 2022, with the Indictment Chamber of the St. Gallen Cantonal Court and requested the return of the passenger car. In a decision dated August 10, 2022, the Indictment Chamber dismissed the legal remedy.
On September 19, 2022, [A. AG] filed an appeal with the Federal Supreme Court and requested the annulment of the decision of the Indictment Chamber dated August 10, 2022, and the seizure order of the Public Prosecutor's Office dated May 31, 2022.
Considerations
The Federal Supreme Court concluded that the requirements for the provisional seizure of the vehicle under Art. 263 para. 1 lit. d CCP in conjunction with Art. 90a RTA were met. There was sufficient suspicion that [B.] had driven the vehicle and also used a mobile phone despite the revocation of his driver's license. The lower court was allowed to assume that [B.] had acted "recklessly" within the meaning of Art. 90a para. 1…