Appeal Regarding Confiscation of Estimated Illicit Gains Due to Insufficient Judicial Justification

The case concerns the confiscation of an alleged illicit financial benefit of CHF 20,000 from an entity following an unauthorized large-scale advertisement, where the initial fine for the offense was uncontested. The appellate court overturned the confiscation order, ruling that while the statute permits estimation of illicit gains, the judge must still provide a legally sufficient justification detailing the basis and calculation of the estimated amount, as a lack of substantiation violates the constitutional right to be heard. Because the initial decision failed to explain how the CHF 20,000 estimate was derived, especially regarding potential costs or negative effects, the matter was remanded for reassessment.