Facts
The Casino Obwalden AG planned to open a casino in Sarnen on April 30, 1998, with 100 gaming machines and jackpot systems. On April 22, 1998, the Federal Council issued the Ordinance on Gaming Machines, which came into force on the same day. The Ordinance states that only gaming machines and jackpot systems that were already in operation on April 22, 1998, may be operated. The Casino Obwalden AG opened the Casino Sarnen on June 9, 1998, although the Federal Office of Police wanted to stop the operation of the gaming machines on June 10, 1998. The Federal Prosecutor's Office filed a criminal complaint against the responsible organs of the casino and ordered the search of the premises and facilities of the Casino Obwalden AG. The Indictment Chamber of the Federal Court dismissed the complaint against the seizure of the gaming machines and gaming money.
Considerations
The Indictment Chamber of the Federal Court examines, in complaints against coercive measures and related official acts of the Federal Prosecutor's Office, whether these violate federal law or obviously exceed the limits of their discretion. The seizure of objects that may be relevant as evidence is a provisional procedural measure for the temporary securing of evidence or objects and assets that may be subject to confiscation.
The prerequisite for seizure is a sufficient, objectively justified concrete suspicion against the owner of the object or asset or a third party. The Indictment Chamber of the Federal Court lifts the seizure only if the alleged legal violation is obvious. In the present case, there is a justified suspicion that the complainants have committed a criminal offense within the meaning of Art. 6 SCC.
The complainants argue that the seized gaming machines are not gaming…