Facts
The case concerns Otto Leibundgut, who was convicted of unlawfully disposing of sums of money from his independent gainful activity, despite a seizure of his income. Leibundgut had declared a monthly income of 600 Swiss francs, but the authorities estimated that his actual income was higher. The seizure concerned a fixed monthly amount of 100 Swiss francs. Leibundgut never paid the seized amounts and was convicted of violating the law on debt collection and bankruptcy.
The facts began in April 1968, when Leibundgut started an independent gainful activity by taking care of horses and renting them out. He declared a monthly income of 600 Swiss francs, but the authorities estimated that his actual income was higher. The seizure concerned a fixed monthly amount of 100 Swiss francs.
Considerations
The Federal Court examined the question of whether Leibundgut's income had exceeded the minimum indispensable to the debtor. Swiss law provides that the income from an independent gainful activity is seizable to the extent that it exceeds the minimum indispensable to the debtor. The Federal Court considered that the average monthly income realized during the entire seizure period was decisive in determining whether the effective gain had exceeded the minimum indispensable to the debtor.
The Federal Court also considered that the acquisition costs related to the seizure period had to be deducted from…