Facts
In the context of an administrative criminal proceeding for violation of the Federal Act on Gambling and Casinos, the Swiss Federal Gaming Board (ESBK) seized the slot machine "Super Competition/Wettbewerb" No. 02103 on October 1, 2008 in the Fullhouse gaming salon in Spreitenbach. [X. GmbH] and [Y.] as appellants filed an appeal against the seizure order. The Appeals Chamber I of the Federal Criminal Court dismissed the appeal.
The appellants then filed a criminal appeal to the Federal Supreme Court. They requested the reversal of the lower court's decision and the ESBK's seizure order. They also demanded that the appeal be granted suspensive effect.
Considerations
The Federal Supreme Court proceeded with the appeal to the extent it was admissible. It concluded that the suspicion of a violation of the Gambling Act was sufficiently justified by the similarity of the seized device "Super Competition/Wettbewerb" to the device "Tropical Shop" already qualified as a gambling device. Thus, the seizure as a provisional procedural measure to secure evidence and possibly confiscated items was lawful.
The Federal…