Questione giuridica chiave
Whether the cantonal court wrongly refused to consider the notary’s letter as new evidence in the appeal proceedings.
Decisione estratta
The letter should have been considered; its rejection as manifestly late was contrary to federal law, and the appellate court had to assess it under its full power to review facts and may order additional evidence.
Motivazione estratta
In an independent confiscation proceeding, the review court may and must take necessary additional evidence. The document was filed with the appellate brief and could be decisive on whether the appellant knew, or had serious indications, that the funds were criminal proceeds.