Facts
The case concerns the question of how to decide on the forfeiture of assets when criminal proceedings are discontinued due to the statute of limitations.
The public prosecutor's office brought charges against X. for multiple intentional violations of the Health Act and intentional violation of the Therapeutic Products Act. The district court partially acquitted X. and discontinued the proceedings on the remaining charges due to the statute of limitations. The public prosecutor's office requested the forfeiture of the unlawfully obtained profit, which the district court, however, rejected.
Subsequently, the public prosecutor's office filed an appeal with the Federal Supreme Court, requesting the forfeiture of the unlawfully obtained profit of CHF 4,400.
Considerations
The Federal Supreme Court states that in the event of discontinuation of criminal proceedings due to the statute of limitations, the public prosecutor's office or the court must decide on the forfeiture of objects and assets in the discontinuation order or decision. A separate forfeiture procedure under Art. 376 of the Swiss Criminal Procedure Code (CPC) is not applicable in these cases.
While a separate forfeiture procedure can be conducted if the forfeiture is to be decided outside of criminal proceedings, this is not the case here, as…