Facts
The case concerns Martinelli and Caielli, who introduced into Switzerland, between May and August 1953, a large number of false French gold coins, called Napoleons, from Italy. They attempted to sell these coins to various banks, but 1361 of them were seized by the Swiss customs service. On July 5, 1957, the Higher Court of the canton of Berne ordered the confiscation of these 1361 Napoleons for the benefit of the State.
The applicants requested the return of the value of the confiscated Napoleons. They believe that the melting down of the gold coins has achieved the purpose of Article 58 of the Swiss Criminal Code (SCC) and that the confiscation should not serve to unjustly enrich the treasury.
Considerations
The decision of the Federal Court is based on the interpretation of Article 58 of the Swiss Criminal Code, which determines the objects that can be confiscated and the conditions under which this can be done. However, this article does not specify whether the proceeds from the realization of the confiscated property or the substance of the confiscated property must be returned to the owner or a third party.
The Federal Court considered that the question of whether the proceeds from the realization of the confiscated property or the substance of the confiscated property must be returned to the owner or a third party is a matter of cantonal law, in accordance with Article 381 of the Swiss Criminal Code. The cantons have the right to dispose of confiscations, subject to Article 60 of the Swiss Criminal Code, in all cases except those tried by the federal courts and the Federal Penal Court.
The Federal Court concluded that, in this case, the decision of…