Facts
On April 24, 1980, officers of the Cantonal Police of Zurich discovered an unapproved two-way radio in a passenger vehicle belonging to G., for which G. could not produce a radio license. The Regional Telephone Directorate of Basel discontinued the proceedings against G. for violation of Art. 42 of the Telecommunications Act (TCA), but ordered the confiscation of the seized radio equipment. The Legal Department of the PTT Directorate General overturned the confiscation and ordered the return of the radio equipment to G., with the note that the device must neither be manufactured nor operated in Switzerland. On July 29, 1981, officers of the Cantonal Police of Bern found the same device permanently installed in G.'s vehicle again, with a connected transmitting/receiving antenna and a hand microphone. The Regional Telephone Directorate of Zurich then opened an investigation against G. pursuant to Art. 37 et seq. of the Administrative Criminal Law (ACL) for violation of Art. 42 TCA and seized the items.Considerations
The Indictment Chamber concluded that the radio equipment was found in an operational configuration, as it was mounted to the left of the steering wheel, under the dashboard, coupled with the antenna on the roof, and equipped…