Facts
The case concerns a criminal procedure against B. for offenses such as fraud. On August 25, 1987, B.'s bankruptcy was declared and the bankruptcy office of Zürich-Hottingen was in charge of the procedure. On September 15, 1988, the district prosecutor issued a seizure order on B.'s assets to guarantee the payment of investigation, trial and sentence enforcement costs, for an amount of 150'000 CHF. The bankruptcy office lodged an appeal against this decision, which was rejected by the public prosecutor's office of the canton of Zurich. The bankruptcy estate then filed a constitutional appeal with the Federal Court.
The parties involved are the bankruptcy estate of B., the public prosecutor's office of the canton of Zurich and the Federal Court. The key dates are August 25, 1987 (bankruptcy declaration), September 15, 1988 (seizure order) and October 21, 1988 (rejection of the appeal by the public prosecutor's office).
Considerations
The Federal Court examined the question of whether the seizure of assets to guarantee the payment of investigation, trial and sentence enforcement costs is in accordance with the law. Article 44 of the Federal Act on Debt Collection and Bankruptcy (DEBA) allows the cantons to provide for the seizure of the accused's assets to guarantee the payment of these costs.
The Federal Court considered that the security of investigation, trial and sentence enforcement costs is an important task of the state and that the cantons have the right to legislate on this matter under…