Facts
On January 10, 2013, the German national X. was stopped by the Aargau Cantonal Police in Eiken after he had exceeded the maximum speed limit of 80 km/h outside of built-up areas by a net 69 km/h. The Public Prosecutor's Office Rheinfelden-Laufenburg then had the vehicle, a BMW X6 M, seized to secure fines, penalties and costs, as well as for possible confiscation pursuant to Art. 263 para. 1 lit. b and d CPC.
X. filed a complaint against the seizure order, which the Complaints Chamber of the High Court of the Canton of Aargau dismissed on February 14, 2013. Thereupon, X. filed a criminal law appeal with the Federal Supreme Court, requesting that the seizure order be lifted and the vehicle be released.
Considerations
The Federal Supreme Court held that the seizure of the vehicle with a view to possible confiscation under Art. 90a RTA is generally permissible. The requirements for this were met, as X. is strongly suspected of having committed a qualified serious traffic violation within the meaning of Art. 90 paras. 3 and 4 RTA.
Pursuant to Art. 90a RTA, the criminal court may order the confiscation of a vehicle if the traffic violation was committed in a ruthless manner and confiscation is suitable to deter the perpetrator from committing further serious traffic violations. The Federal Supreme Court considered these requirements to be met in the present case, as X. had already been convicted several times for…