Facts
The Public Prosecutor's Office II of the Canton of Zurich is conducting a criminal investigation against A. for money laundering. On September 30, 2019, the Public Prosecutor's Office blocked A.'s crypto assets held with B. AG. By order dated September 1, 2020, the Public Prosecutor's Office instructed B. AG to transfer all of A.'s assets held with B. AG to the account of the Public Prosecutor's Office Zurich with C. AG. It also commissioned C. AG to convert the crypto assets into Swiss francs and transfer the corresponding amount in Swiss francs to the account of the Public Prosecutor's Office.
A. appealed this order to the High Court of the Canton of Zurich, which dismissed the appeal.
Considerations
The Federal Supreme Court held that the Public Prosecutor's Office must proceed in a factual and professional manner as well as with due care when ordering an early realization within the meaning of Art. 266 para. 5 CrimPC and, if necessary, must consult an expert. Particular account must be taken of the specific…