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From the magazine SZW-RSDA 5/2018 | S. 517-530 The following page is 517

Strafprozessuale Kontosperren bei ausstehenden Lombardkrediten – Ein Problem für die kreditgebende Bank

Lombard credits are a widespread financial instrument. They may however lead to problems for the lender, usually a bank, if the assets pledged as a security for the loan become the subject of a seizure by criminal authorities. A seizure renders it impossible for the bank to realize the assets if the borrower is in default with repayment obligations. In order to have the seizure lifted, the bank needs to take action. Key statutory provisions in this context are art. 70 of the Swiss Criminal Code, which applies in domestic investigations, and art. 74a of the Act on International Legal Assistance in Criminal Matter, which applies in international proceedings. Both provisions in principle protect the interests of third parties who in good faith acquired rights in seized assets. The legal prerequisites of the provisions, the scope of application and the procedures to be followed to enforce the acquired rights however vary. In particular in international legal assistance matters the…

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