Swiss Criminal Code

¹If the as­sets sub­ject to for­feit­ure are no longer avail­able, the court may up­hold a claim for com­pens­a­tion by the State in re­spect of a sum of equi­val­ent value, which claim may be en­forced against a third party only if he is not ex­cluded by Art­icle 70 para­graph 2.

²The court may dis­miss an equi­val­ent claim in its en­tirety or in part if the claim is likely to be un­re­cov­er­able or if the claim would ser­i­ously hinder the re­hab­il­it­a­tion of the per­son con­cerned.

³The in­vest­ig­at­ing au­thor­ity may seize as­sets of the per­son con­cerned with a view to the en­force­ment of an equi­val­ent claim. Such seizure does not ac­cord the State pref­er­en­tial rights in the en­force­ment of the equi­val­ent claim.