Question juridique clé
Whether hemp seeds may be confiscated as instruments or products of crime.
Solution extraite
Confiscation was unlawful because it was not proven that the seeds had been used for, or were intended for, a narcotics offence.
Motifs extraits
Under Art. 58 StGB, confiscation requires that the object served or was intended to serve the commission of an offence and, additionally, that it is dangerous in the hands of a specific person. Hemp seeds are generally not THC-bearing, and their lawful sale/use means no danger was shown on the facts.