Question juridique clé
Whether the sale proceeds had to be imputed first to the fine under Art. 49 ch. 3 CP
Solution extraite
Yes; payment is to be credited first to the fine unless the convicted person clearly and unambiguously renounces that priority.
Motifs extraits
A waiver of priority is only binding if the informed consent of the convicted person is beyond doubt. The cantonally found circumstances did not establish such a clear waiver; silence or later non-reaction was insufficient.