Here is the rewritten article in Markdown format:
Swiss Asset Forfeiture and Confiscation: A Comprehensive Legal Framework
The Swiss criminal justice system has a robust legal framework for confiscating the proceeds of crime, ensuring that criminals cannot benefit from their illegal activities. Article 69 et seq of the Swiss Criminal Code (SCC) outlines the rules governing asset forfeiture and confiscation.
Confiscation without Conviction Possible
In Switzerland, it is possible to confiscate assets without a conviction. The Swiss Criminal Procedure Code (SCCrP) provides specific procedural rules allowing for a confiscation decision to be made independently of criminal proceedings. This means that property or assets can be seized even if the perpetrator is unknown, deceased, or tried abroad.
Seizure and Management of Assets
When assets are seized, they are typically handed over to the competent criminal authority. The authority must safeguard the property and assets appropriately and cannot use them as its own. Private managers may continue to manage the assets under the surveillance of the prosecutor.
- Hidden costs of asset management:
- Maintenance
- Depreciation
- Potential sale of seized property
Recovery of Financial Advantages
Under Article 70 of the SCC, all financial advantages obtained through the commission of a criminal offence can be confiscated. This includes income earned by a company after a corrupt public procurement process, even if the company is not criminally liable.
Non-Conviction Based Forfeiture Challenges
The system for non-conviction based forfeiture has faced legal challenges in Switzerland. Critics argue that it allows for overreaching and arbitrary confiscation of assets, while others claim it is necessary to combat organized crime and money laundering.
Confiscation and Allocation to Aggrieved Parties
Confiscated property or compensatory claims may be allocated to the aggrieved parties in compensation for their civil claims for damages, or moral satisfaction arising from an offence. This is subject to certain conditions, including that the person claiming compensation has suffered harm as a result of a felony or misdemeanour.
Profit Recovery and Gross vs Net Income
Under Article 70 of the SCC, all financial advantages obtained through the commission of a criminal offence can be confiscated. The question of whether gross or net income should be taken into consideration is controversial, although courts have recently preferred net income.
Expertise in Cryptocurrency Confiscation
The Swiss authorities have had to develop expertise in confiscating and managing cryptocurrency assets, as these are increasingly being used for illegal activities. In practice, this involves calling in experts to manage seized cryptocurrencies and ensure that they are preserved for later use as evidence or to compensate victims.
Conclusion
Switzerland’s asset forfeiture and confiscation system is designed to combat organized crime and money laundering by seizing and forfeiting the proceeds of criminal activity. While there have been challenges to the system, it remains an important tool in the fight against financial crimes.