Facts
The District Chancellery of Horgen conducted a criminal investigation due to violations of the Lottery Act. Based on a house search and seizure order dated August 19, 2011, the District Chancellery executed house searches and provisional seizures in the business premises of two companies on October 18, 2011. The persons affected by the coercive measures ([X.] , Company [Y.] and [Z.] ) filed a request on November 4, 2011 to seal all seized records, items and data carriers, including attorney correspondence. The District Chancellery rejected the sealing request, which was confirmed by the High Court of the Canton of Zurich. Thereupon, the appellants filed a complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court stated that the District Chancellery was generally authorized to order the house searches and provisional seizures. However, the instruction of the appellants about their right to sealing under Art. 248 and Art. 264 para. 3 CPC was not sufficiently documented. Since the investigating authority was unable to provide proof of timely and…