Facts
H., residing in Munich, sent a "BEL/VANTAGE 3" brand radar detector as a gift to F. in R. by post on October 18, 1991. He properly declared the shipment. The radar detector was seized by the customs office in Romanshorn on behalf of the investigating authorities.
The District Office of Arbon fined H. 300 Swiss francs for the illegal importation of a radar detector into Switzerland, applying Art. 57b(1), (2) and (3) of the Road Traffic Act (SVG), and confiscated the device for destruction under Art. 58 of the Swiss Criminal Code (StGB).
The District Court Commission of Arbon overturned the penalty order and released the radar detector. The appeal filed by the public prosecutor's office was rejected by the Appeals Commission of the High Court of the Canton of Thurgau.
The public prosecutor's office of the Canton of Thurgau filed a federal nullity appeal.
Considerations
The Federal Court concluded that the elements of the offense of placing on the market by importation under Art. 57b(1) and (2) SVG were not fulfilled, as H. had properly declared the goods and thus there was no customs violation.
Nevertheless, the radar…