Art. 58 Schweizerisches Strafgesetzbuch (StGB)

BGE 152 IV 57 (Art. 58 al. 2 CP)

Therapeutic institutional measure for mental disorders cannot be executed in an open prison facility absent statutory basis, as Art. 58(2) and Art. 59(3) of the Swiss Criminal Code require separate treatment facilities or a closed setting for qualified flight or recidivism risk.

Ground for annulling the lower court decision because the placement violated the separation requirement between therapeutic measure facilities and penal institutions.

51/2004/10 · sh (Art. 58 Abs. 1 StGB)

Appellate Court Reverses Seizure of Rented Commercial Space Used for Cannabis Sales

The court concluded that confiscation of the rented business premises under this article would be disproportionate, leading to the nullification of the precautionary measure.

AbR.1998.99.Nr.38 · ow (Art. 58 StGB)

Hemp Seizure and Destruction: Jurisdiction Despite Expired Interest

Basis for the finding that the confiscation and destruction of the hemp plants were unlawful because they were ordered by an unauthorized official.

ZZ.1998.19 · so (Art. 58 StGB)

Confiscation of Cannabis Seeds Requires Proof of Intent to Produce Narcotics

This article defines the requirement for confiscation (security forfeiture) based on whether the objects served or were intended for committing a crime.

BGE 120 IV 365 (Art. 58 StGB)

Tax evasion seizure of bank accounts of jointly liable managing director under Art. 12(3) VStrR; exception to debt enforcement under Art. 44 SchKG.

The court applied this provision to justify the confiscation of unlawfully obtained assets in the context of tax evasion.

BGE 119 IV 145 (Art. 58 CP)

Pornography via telephone kiosk: confiscation of profits limited to savings from omitted age-verification control.

Basis for annulling the confiscation order and remanding on the question of the illicit advantage, since only profits from the failure to implement an age-restriction system are forfeitable.

PS/31/2021 · ge (art. 58 al. 2 CP)

Correctional Service Decision Upheld Regarding Transfer to Closed Facility Post-Escape

This article was cited when examining the suitability of the placement location (prison B____) while awaiting a place in an appropriate facility.

AbR.1986.87.Nr.37 · ow (Art. 58 StGB)

Asset Forfeiture Must Be Penalty Order; Rejection is Sole Remedy

This provision is the substantive legal basis for the confiscation measure that was challenged.

AbR.1994.95.Nr.32 · ow (Art. 58 StGB)

Overturned Confiscation of Stone Crushing Plant Due to Lack of Criminal Endangerment

Used to determine if the seized items could be subject to confiscation, as it requires items to endanger public safety, public morals, or public order.

AbR.2006.07.Nr.26 · ow (Art. 58 Abs. 1 StGB)

Vehicle Seizure Disproportionate Despite Criminal Use

Cited as the legal basis for the securing confiscation of items used to commit a criminal offense, provided they endanger public safety, morals, or order.

72.2006.104 · ti (art. 58 CP)

Narcotics Offenses, Theft, and Conditional Sentencing with Treatment Requirement

Article related to the confiscation of assets (Point 5).

CHAC.2010.30 · ne (Art. 58 CP)

Appeal Regarding Refusal of Psychiatric Evaluation in Drug Trafficking Case

The court referenced this article when dismissing the appellant's argument that early execution of sentence should compel an expertise.

CHAC.2009.86 · ne (Art. 58 CP)

Appeal Against Pre-Trial Detention for Arson Charges Denied

This provision was cited in the reasoning section as permitting psychiatric placement under certain conditions during preventive detention, which the court considered when denying the request.

CHAC.2009.81 · ne (Art. 58 CP)

Arson Suspect Pretrial Detention Upheld After Observation Period

Cited by the appellant in the reasoning regarding the request for anticipatory execution of a therapeutic measure, though the court ultimately rejected the appeal.

CHAC.2009.81 · ne (Art. 58 al.1 CP)

Arson Suspect Pretrial Detention Upheld After Observation Period

Cited in the reasoning when discussing the legal basis for anticipatory execution of a therapeutic measure.