Key legal question
Whether Switzerland could order confiscation of patrimonial values when the underlying offense lacked a sufficient Swiss territorial nexus.
Extracted holding
Confiscation under former Art. 58 aCP / current Art. 59 CP is only possible if the underlying offense falls within Swiss criminal jurisdiction under Arts. 3-7 CP or a special rule.
Extracted reasoning
The clause that confiscation may be ordered even if no person is punishable does not create territorial jurisdiction. Because the offense produced no result in Switzerland within the meaning of Art. 7 CP and no other jurisdictional basis existed, confiscation was unlawful.