Facts
In September 1996, the numismatist R. of H. acquired a test strike of a 20-franc gold Vreneli in brass and without an edge inscription. R. had doubts about the authenticity of the coin and had it examined by the Swiss Federal Finance Administration. This concluded that it was a counterfeit and marked the coin with the stamp "false" or "faux".
By order dated December 2, 1996, the Swiss Federal Prosecutor's Office discontinued the investigation proceedings against R., as the subjective elements of the offense were not fulfilled. At the same time, the counterfeit coin was confiscated.
R. then applied to the Indictment Chamber of the Federal Supreme Court to partially revoke the order and return the seized coin to him.
Considerations
The Indictment Chamber states that according to Article 249 of the Swiss Criminal Code, counterfeit coins must be confiscated and rendered unusable or destroyed. This provision is a special provision in relation to Article 58 of the Swiss Criminal Code, as it does not require a criminal act within the meaning of Articles 240 et seq. of the Swiss Criminal Code.
The Indictment Chamber affirms that the coin in question is a counterfeit within the meaning of Articles 240 et seq. of the Swiss Criminal Code, as the risk of confusion with a genuine gold Vreneli cannot be excluded. The…