Facts
The complainants, A. and B. [C.] , were subject to a land register ban and an account freeze by the Public Prosecutor's Office of the Canton of Fribourg in the context of criminal proceedings for bankruptcy offenses and other crimes. The court of first instance, the Cantonal Court of Fribourg, dismissed the complainants' appeal against these seizure orders.
The complainants appealed to the Federal Court and requested the repeal of the contested ruling. They claimed a violation of their right to be heard and insufficient justification of the seizure orders.
The private plaintiffs and the Public Prosecutor's Office requested the dismissal of the appeal. The Cantonal Court waived its right to comment.
Considerations
The Federal Court repealed the contested ruling and remanded the case to the Cantonal Court. It found that the court of first instance had violated the complainants' right to be heard by deciding without prior exchange of briefs and without waiting for the complainants' reply.
The Federal Court established that the seizure orders were not sufficiently justified and that the court of first instance had not adequately examined the statutory requirements for a criminal procedural seizure.
The Federal Court…