Questão jurídica principal
Whether Swiss authorities had jurisdiction to confiscate the bank assets under former Art. 59 ch. 3 CP.
Decisão extraída
No. Confiscation of assets allegedly linked to a criminal organization presupposes Swiss jurisdiction to prosecute the owner for participation in that organization, which was not established here.
Fundamentação extraída
The account was opened before the relevant criminal-organization offense applied, there were no deposits or withdrawals supporting the organization in Switzerland, and the funds could not be traced to the later drug trafficking.