Art. 70 SCC from 2024
Art. 70 b. Forfeiture of assets
1 The court shall order the forfeiture of assets that have been acquired through the commission of an offence or that are intended to be used in the commission of an offence or as payment therefor, unless the assets are passed on to the person harmed for the purpose of restoring the prior lawful position.
2 Forfeiture is not permitted if a third party has acquired the assets in ignorance of the grounds for forfeiture, provided he has paid a consideration of equal value therefor or forfeiture would cause him to endure disproportionate hardship.
3 The right to order forfeiture is limited to seven years; if, however, the prosecution of the offence is subject to a longer limitation period, this period also applies to the right to order forfeiture.
4 Official notice must be given of forfeiture. The rights of persons harmed or third parties expire five years after the date on which official notice is given.
5 If the amount of the assets to be forfeited cannot be ascertained, or may be ascertained only by incurring a disproportionate level of trouble and expense, the court may make an estimate.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
