Questione giuridica chiave
Whether the replacement claim for illicit proceeds had to be set at the amount actually obtained from the drug production, or could be based on a hypothetical resale value of the amphetamine tablets.
Decisione estratta
The replacement claim had to be based on the actual unlawful proceeds obtained, not on a hypothetical market value of the tablets.
Motivazione estratta
A replacement claim under the confiscation rules can only reach the assets actually acquired through the offence. The court held that the binding prior remand decision established proceeds of CHF 2,307,000, which set the upper limit and starting point for the claim.