Facts
On July 29, 2011, X., who resides in France, exceeded the maximum speed limit of 80 km/h by 29 km/h on the motorway in Diegten, Canton of Basel-Landschaft. The Basel-Landschaft police then demanded a fine and cost deposit of CHF 550 from X., which he immediately paid by credit card.
X. filed a complaint against this police order. The Cantonal Court of Basel-Landschaft overturned the order, as the police had not been authorized to collect the deposit without a prior seizure order from the public prosecutor's office. The public prosecutor's office then filed a criminal appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court upheld the public prosecutor's appeal and overturned the cantonal court's decision. It stated that, in cases where there is a risk of delay, the police may provisionally secure the expected fines and procedural costs on behalf of the public prosecutor's office, without first obtaining a seizure order, in accordance with Art. 263 para. 3 CrimPC.
In the present case, there was a risk of delay, as the appellant, who resided abroad, was on his way back to his home country after the speeding offense. If the police had not immediately taken the deposit from him, he could have quickly returned to his home country after…