Questione giuridica chiave
Whether the canton is liable in damages for destruction of the seized hemp plants under Bern state liability law
Decisione estratta
No liability, because the unlawful destruction did not cause compensable loss: under lawful confiscation the plants would also have been destroyed.
Motivazione estratta
The court applied the lawful-alternative-conduct test and held that confiscation and destruction would have been ordered lawfully under Art. 58 aStGB / Art. 69 StGB given the plants' THC content and the risk of unlawful use.