Facts
The Public Prosecutor's Office of Kreuzlingen is conducting a criminal investigation against [X.] , who is from Germany, and two other persons for several burglaries. In the context of this investigation, the Public Prosecutor's Office had the Audi A8 passenger car with license plate TG 179055, whose owner is [X.] , seized on August 8, 2013. The seizure was carried out to secure traces (seizure of evidence) and to secure procedural costs, fines, penalties and compensation (seizure for coverage).
[X.] challenged the seizure order with the High Court of the Canton of Thurgau, which dismissed the appeal on September 19, 2013. Thereupon, [X.] filed a criminal appeal with the Federal Supreme Court and requested that the decision of the High Court be overturned and that the seized vehicle be returned to him.
Considerations
The Federal Supreme Court considers the seizure of the vehicle for cost coverage to be lawful. The seizure of the vehicle does restrict the property rights of the appellant, but it is permissible under Art. 263 para. 1 lit. b CrimPC to secure procedural costs, fines, penalties and compensation. In assessing the proportionality of the seizure, the High Court has taken into account factual criteria by estimating the market value of the vehicle at less than CHF 15,000 and the expected procedural costs at over CHF 10,000. These values…