Facts
On July 2, 1985, G. was stopped by the police with his passenger car to conduct a technical inspection. Between the driver's seat and the center console of the vehicle, a radar detector of the type "Q 1200" and the brand Whistler with the serial number 105064 was found. The device was in an operational arrangement, as a cable with a plug was mounted that fit into the socket of the cigarette lighter.
The investigating magistrate of the district of Wil dismissed the criminal proceedings against G., as the use of the radar detector could not be proven with legal certainty. However, he ordered the confiscation and destruction of the device pursuant to Art. 58 para. 1 of the Swiss Criminal Code, as it could not be legally operated in Switzerland and had been intended for the commission of a criminal offense.
Upon G.'s complaint, the Indictment Chamber of the Canton of St. Gallen lifted the confiscation of the radar detector. Thereupon, the Public Prosecutor's Office of the Canton of St. Gallen filed a nullity appeal with the request to set aside the decision of the Indictment Chamber.
Considerations
Pursuant to Art. 58 para. 1 of the Swiss Criminal Code, the judge may order the confiscation of objects that were intended for the commission of a criminal offense, insofar as the confiscation appears necessary to terminate an unlawful state or if the objects endanger public order.
Radar detectors are intended to alert the motor vehicle driver prematurely to official traffic controls, which nullifies or impairs the effectiveness of such controls. Therefore, the use, manufacture and trade of…