Forfeiture of Assets in Administrative Offenses under the Goods Control Act

Facts

This case concerned the forfeiture of assets obtained through an administrative offense under Art. 15a of the Goods Control Act (GKG). The Swiss Federal Prosecutor's Office accused the director of the appellant company [Y. AG] of having exported goods to Iran in several cases without making the required notification to the State Secretariat for Economic Affairs (SECO), as required by a SECO directive of August 3, 2004.

The Federal Criminal Court had initially convicted the director of intentional violation of the GKG and ordered the forfeiture of an amount of CHF 26,466.86. This judgment was overturned by the Federal Supreme Court, as the director could at most have committed an administrative offense under Art. 15a GKG.

In its new judgment, the Federal Criminal Court terminated the proceedings for the administrative offense, as the prosecution had become time-barred. Nevertheless, it ordered the forfeiture of an amount of CHF 12,673.95, which the appellant company was alleged to have obtained through the export of the goods.

Considerations

The Federal Supreme Court overturned this forfeiture decision. It stated that there was insufficient causal link between the director's violation of the notification requirement and the asset obtained. The appellant company…