Decision on the Confiscation of Assets Belonging to a Convicted Refugee

Facts

The applicant X., a Hungarian refugee who arrived in Switzerland in 1956, has been convicted multiple times for aggravated theft, trespassing, property damage, and indecent acts. In his latest conviction in 1974, the court ordered the confiscation of certain of his assets, including bank accounts and gold coins, for a total amount of approximately 100,000 Swiss francs. X. has filed a nullity appeal against this decision.

Considerations

The SCC examined the validity of the confiscation ordered by the cantonal court. It considered that the decision on the confiscation of assets in the context of federal criminal proceedings could be subject to a nullity appeal, even if it was based on cantonal law.

Regarding the assets confiscated to cover the costs of detention, the SCC ruled that this measure fell under cantonal public law and could therefore not be challenged by way of a nullity appeal.

However, for the assets confiscated to secure the private law claims of the victims, the…