Restitution of Prostitution Earnings to the Complainant

Facts

In the context of a criminal investigation into a violent altercation, CHF 24,000 were seized from the apartment of a co-defendant. The District Court of Bremgarten found the complainant [X.] guilty and confiscated CHF 14,000 pursuant to Art. 70 SCC. The High Court of the Canton of Aargau dismissed an appeal by [X.] against the confiscation. [X.] then filed a criminal appeal with the DFC.

Considerations

The DFC held that the confiscated CHF 14,000 originated from prostitution activities in Switzerland. While prostitution itself is not unlawful under Swiss law, [X.] had been engaged in this work illegally and without a work permit. The DFC, however, considers it inadmissible to confiscate these earnings from undeclared work pursuant to Art. 70 SCC. On the one hand, the Federal Act on Measures to Combat Undeclared Work protects the claims of employees without a work permit. On the other hand, the confiscation…