Seizure of Cash in Connection with a Prohibited Event During the COVID-19 Pandemic

Facts

The Public Prosecutor's Office of the Canton of St. Gallen is conducting criminal proceedings against [A.] for violations of measures to combat the coronavirus pandemic. On March 6, 2021, the St. Gallen Cantonal Police inspected a restaurant in [V.] and found that an event with approximately 90 people was taking place there. A cash amount of CHF 785.-- was seized from [A.] , who had participated in the event. The Public Prosecutor's Office ordered the seizure of the cash amount, as there was a suspicion that [A.] had obtained the amount as a collection for a performance at the prohibited event. [A.] filed a complaint against the seizure order with the Indictment Chamber of the Canton of St. Gallen. The Indictment Chamber dismissed the complaint as far as it concerned the seizure. The present appeal in criminal matters to the Federal Supreme Court is directed against this decision of the Indictment Chamber.

Considerations

The Federal Supreme Court initially notes that the seizure of an object or asset causes an irreparable disadvantage within the meaning of Art. 93 para. 1 lit. a BGG and can therefore be assessed by the Federal Supreme Court.

In justifying the seizure, the Federal Supreme Court states that according to Art. 263 para. 1 lit. d CrimPC, assets of an accused person can be seized if they are to be confiscated. The substantive legal basis for this is Art. 70 et seq. of the Swiss Criminal Code, according to which assets obtained through a criminal offense can be confiscated.

The Federal Supreme Court considers the requirements for the seizure to be fulfilled. The event held on March 6, 2021 in the [U.] restaurant was, according to the findings of the lower court, an event with approximately 90 participants and thus a prohibited event under Art. 6 para. 1 of the then applicable Covid-19 Ordinance on the Special Situation. The…