Questão jurídica principal
Whether the provisional seizure of the property sale proceeds for possible confiscation or substitute claim was lawful.
Decisão extraída
The seizure was lawful because, on the preliminary record, it was not clearly excluded that the proceeds represented confiscable gains or could secure a state substitute claim.
Fundamentação extraída
Art. 70-71 StGB allow confiscation of direct or indirect illicit gains and, where unavailable, a substitute claim. Provisional seizure is admissible if there is an objectively grounded suspicion of such gain; it must be lifted only if confiscation is manifestly impossible. Here the accused was plausibly suspected of fraud-related enrichment, and good-faith acquisition by the wife was not clearly established.