Facts
In 1973 and 1974, F. [D.] and J. [B.] purchased various quantities of narcotics, which they partly consumed themselves and partly resold to third parties. On May 3, 1975, the District Criminal Court of Orbe convicted them for complicity in theft and violation of the Narcotics Act, and ordered them to reimburse the State respectively 25,000 CHF and 25,000 CHF of illicit enrichment. On July 23, 1975, the Cantonal Tribunal of the Canton of Vaud partially upheld the appeal of the convicted persons and reduced the amounts to be reimbursed to 20,000 CHF for [D.] and 15,000 CHF for B.
[D.] and [B.] filed a nullity appeal to the Federal Tribunal, concluding for the release from the obligation to reimburse any amount on the grounds of illicit enrichment.
Considerations
The Federal Tribunal dismissed the appeals. It considered that Art. 24 of the Narcotics Act applicable at the time provided for the obligation to reimburse illicit enrichment, without distinction between drug dealers acting out of greed and those doing so to obtain drugs for their own consumption. The Tribunal also ruled that the illicit enrichment should be calculated on the basis of the total sales amount,…