Questão jurídica principal
Whether the public prosecutor could seize assets unrelated to the offence to secure a compensatory claim under Art. 71 para. 3 CP.
Decisão extraída
Yes. A seizure to secure a compensatory claim may target assets with no nexus to the offence, because the compensatory claim is subsidiary to confiscation and can be enforced against other assets of the accused.
Fundamentação extraída
The cantonal court wrongly imported a connexity requirement from confiscation and restitution seizures. Under Art. 71 CP, the compensatory claim substitutes for unavailable proceeds; therefore unrelated assets may be seized provisionally while the criminal investigation is pending.