Facts
The complainant [X.] was investigated by the Public Prosecutor's Office of Sursee for serious violations of the Road Traffic Act. On 2 October 2012, his vehicle was seized. The complainant lodged a complaint against this seizure, which was dismissed by the High Court of the Canton of Lucerne, 2nd Division. The complainant then appealed to the Federal Court and requested the annulment of the contested decision and the ordered seizure.
The Public Prosecutor's Office of Sursee and the High Court of the Canton of Lucerne requested the dismissal of the complaint. The complainant had previously been convicted several times for driving a vehicle despite having his driver's license revoked.
Considerations
The Federal Court examined whether the criminal procedural seizure of the vehicle was admissible. It found that the seizure was based on a statutory basis and was in the public interest. The seizure was also proportionate, as the complainant was strongly suspected of having driven a vehicle several times despite having his driver's license revoked and thereby massively endangering the safety of other persons.
The Federal Court dismissed the complaint, as the provisional seizure was in accordance with federal law. It found that the cantonal…