Facts
The complainant, A. [C.] , lodged a complaint against the decision of the Indictment Chamber of the Canton of St. Gallen, which dismissed her complaint against the seizure of her car. The son of the complainant, B. [C.] , had been caught in a speed check by the St. Gallen cantonal police on 15 February 2014 and had exceeded the permitted maximum speed of 50 km/h by 28 km/h. He allegedly ignored the police stop signal and fled into a side street, accelerating to a speed of around 130 km/h in a built-up area. The check carried out after his arrest revealed that B. [C.] did not have a driver's license and the drug test was positive for short- and long-term consumption of THC.
The Public Prosecutor's Office of the Investigation Authority Gossau seized the vehicle on 17 February 2014. The Indictment Chamber of the Canton of St. Gallen dismissed the complaint of A. [C.] against the seizure of her car on 1 April 2014.
Considerations
The Federal Court examined the admissibility of the complaint and came to the conclusion that the complaint in criminal matters is admissible, as it concerns a decision of the last cantonal instance in a criminal matter. The court found that the seizure of the vehicle can be ordered as a coercive measure within the meaning of Art. 196 CrimPC, if it is provided for by law, there is a sufficient suspicion of a criminal offense, it is proportionate and justified by the importance of the offense.
The court found that the son of the complainant had a sufficient suspicion of having committed a serious traffic violation punishable as a felony within the meaning of Art. 90 para. 3 and 4 RTA. The conditions for confiscation under Art. 90a para. 1 lit. a RTA were met, as the accused had acted recklessly and objectively endangered traffic safety to a high degree.
The court also came to the…