Questão jurídica principal
Whether the lawyers could invoke the good-faith third-party exception under art. 70(2) CP against seizure of their fees.
Decisão extraída
Art. 70(2) CP is not excluded merely because payment was made by bank transfer from an account used in the offence; the decisive question is whether the lawyers were in good faith when they provided their services.
Fundamentação extraída
The lower court read the case law too broadly. A direct link between the offence and the acquisition by the third party is not established simply because the funds passed through an account used for criminal conduct. For lawyers, the key issue is whether they knew or had serious indicia of the illicit origin at the time of their counter-performance.