Facts
The case concerns an individual, X, against whom a seizure procedure was initiated. On June 20, 2000, a personal computer was seized as part of this procedure and valued at 800 Swiss francs. In August 2000, two creditors requested the realization of the seizure. When the seizure officer came to collect the computer, X stated in writing that it had been sold. However, during the investigation, X admitted to having lied to avoid the seizure of the computer, which was still in his possession.
The cantonal court convicted X of disposing of a seized asset under Article 169 of the Swiss Criminal Code (SCC). X filed a nullity appeal with the Federal Court.
Considerations
The Federal Court examined whether X's false statement to the seizure officer constituted disposal of a seized asset within the meaning of Article 169 SCC. Article 169 SCC punishes anyone who disposes of, damages, destroys, devalues, or renders unusable a seized asset.
The Federal Court considered that disposal of a seized asset implies an action aimed at depriving creditors of the possibility of realizing their claim. However, a simple false statement to the seizure officer does not constitute disposal of the seized asset, as it does not change the asset's legal situation.
The Federal Court also considered…