Facts
The case concerns a driver who committed a serious offense under the RTA by exceeding the authorized speed limit of 80 km/h by at least 71 km/h. The Staatsanwaltschaft of the Canton of St. Gallen seized the vehicle in question, a leased motorcycle, as a precautionary measure and with a view to possible confiscation.
The driver lodged an appeal against this decision, arguing that the conditions for confiscation are not met and that the seizure is disproportionate. The Federal Court dismissed the appeal, considering that the conditions for confiscation are met and that the seizure is justified to prevent further serious RTA offenses.
Considerations
The Federal Court considered that the conditions for confiscation are met, as the driver committed a serious offense under the RTA and that the seizure of the vehicle is justified to prevent further serious offenses. The Court also considered that the cumulative condition of absence of scruples does not need to be examined in cases of serious and qualified violations of traffic rules.
The Court also examined the question of whether the driver could in the future compromise road safety with the vehicle used or whether the confiscatory seizure would be able to prevent the driver from committing…