Facts
Following a report from the Money Laundering Reporting Office, the Federal Prosecutor's Office (MPC) opened a criminal investigation against B. for money laundering. After the criminal proceedings against B. were abandoned, the MPC initiated an independent forfeiture procedure pursuant to Art. 376 et seq. of the Swiss Criminal Procedure Code (CPC).
Following the issuance of a judgment by the Italian Supreme Court of Cassation, which confirmed the conviction of B. for membership in a mafia-type organization, the MPC issued a forfeiture order for the assets deposited in an account with Bank C. SA held by his son A. and an insurance policy of which the latter is the policyholder.
A. objected to the forfeiture order, so the case was transferred by the MPC to the Criminal Court of the Federal Criminal Court (FCC) for a decision. The Criminal Court of the FCC ordered the forfeiture, a decision confirmed by the Criminal Appeals Court of the FCC.
Considerations
The Federal Supreme Court examined ex officio the admissibility of the criminal appeal filed by A. against the decision of the Criminal Appeals Court of the FCC.
According to case law, the notion of coercive measures under Art. 79 of the Federal Supreme Court Act (FSCA) refers to investigative and coercive measures taken incidentally in the course of criminal proceedings, such as arrest, detention, seizure and search. A final and independent forfeiture decision does not constitute an incidental procedural decision and therefore does not fall within the coercive measures that can be the subject…