The request for disclosure under Section 94 and 95 StPO does not require a prior judicial order.https://tajaworthdiscfet.tk
German Law Research
The person concerned by the seizure may request a court decision at any time Section 98 StPO. German government agencies do not have special powers that can be invoked in time of national crisis or emergency. For up to two weeks following their notification, the participants may apply to the competent court for a review of the lawfulness of the measure, as well as of the manner and means of its implementation.
There is a dispute if and to what extent the operator of a telecommunication system is entitled to file a complaint according to Sec. There is no ex-ante judicial control for measures under the Article 10 Act, ie no court order or warrant is required. In addition, the so-called G10 Commission may at any time examine — following a complaint or also of its own volition — the admissibility and necessity of the ordered measures.
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There are no legal remedies available for a person concerned by an interception measure under Section 3 G10 as long as such measure is not yet communicated to the person Section 13 G After this communication, the person concerned can challenge the interception order before the administrative courts. A communication to the concerned person shall be made after the measure has been completed, unless such communication may endanger the purpose of the interception measure or may cause overall harm for the wellbeing of the federation or its states.
The measures pursuant to Section 20l BKAG require a prior court order following an application by the President of the Federal Criminal Police Of ce; yet, in pressing circumstances, the President of the Federal Criminal Police Of ce may also issue an order, which must be con rmed by the court within three working days in order not to become ineffective Section 20l 3 BKAG.
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According to Section 20w BKAG, the participants in the communication under surveillance must be noti ed of any interception measures, including their option to obtain subsequent court relief, unless there are overriding con icting interests of an affected person. Similar rules as under the BKAG apply under the Police Acts of the federal states though details may differ from state to state. For manual information requests under Sec.
For information requests pursuant to Sec. The person concerned must be notified of the information request only in certain cases relating to data enabling access to terminal devices and requests based on the use of IP- addresses , and only if there are no overriding conflicting interests of an affected person Section j 4 StPO. The person concerned may challenge the lawfulness of the measure in front of the courts.
Similar rules as under Sec. For automated information requests under Section TKG, the judicial oversight and legal remedies depend on the speci c different legal statutes de ning the legal functions and powers of the public authorities. Section StPO, the participants in the telecommunication concerned by the measure surveillance must be noti ed of any disclosure of their traf c data, including their option to obtain subsequent court relief, unless there are overriding con icting interests of an affected person.
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For up to two weeks following their noti cation, the participants may apply to the competent court for a review of the lawfulness of the measure, as well as of the manner and means of its implementation. However, a prior order by the Ministry of the Interior is necessary following an application by the respective responsible authority. With regard to information requests that are ancillary to interception measures according to Section a StPO, Section 20l BKAG, Section 3, 5 and 8 G10, and Section 23a ZFdG, the respective judicial oversight procedures for these interception measures extend to the information requests.
The request for disclosure does not require a prior judicial order but may be challenged by the person concerned before the courts. An official who has seized the communication without a prior court order must apply for a court confirmation within three days if neither the person concerned nor a relative was present at the time of seizing the information or such persons have declared their objection. The person concerned by the seizure may request a court decision at any time. These measures can extend to the whole network service, or parts of it; however, the measures must be proportionate and only as intrusive as required by the circumstances.
Therefore, the Federal Network Agency has the power to order Vodafone to shut down some or all of its network or services, if it determines this to be a necessary measure. Prior to the amendment of section a StPO into its current form, it had been a widely held view in German legal literature and formed the basis for the above mentioned Hamburg court decision that section 97 para. While leaving open the question of whether the seizure in this case would also be prohibited by section 97 StPO, the Mannheim court did hold that the documents in this case were of a kind that would generally qualify for protection under that provision.
Thus, materials in the care of the corporation could be seized. Analysis The decision is important in the context of internal investigations, as it acknowledges confidentiality protection between outside counsel and client against criminal prosecution, no matter whether the client is a natural person or a corporate entity.
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That way, the possibilities for corporations to rely on the privilege protection of documents entrusted to their outside lawyers would be significantly increased. At the same time, it must be remembered that the protection granted by the Mannheim court extends only to documents in the possession of the law firm.
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It should also be noted that simply handing over everything to an outside law firm will not protect a corporation or its executives and employees, as this could be viewed as an abuse of the privilege rules. Therefore, care must be taken to limit the scope of documents to what the corporation reasonably believes to be in connection with the subject matter of the investigation. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer.
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