Unsealing and Judicial Triage of Seized Documents and Electronic Data

Facts

In this case, the Swiss Federal Prosecutor's Office (BA) has been conducting an investigation since October 2004 against [X.] on suspicion of commercial investment fraud and other offenses. In the context of this proceeding, house searches were carried out in two properties in March 2007, during which extensive documents and electronic data were seized and sealed.

The BA applied to the Federal Criminal Court (BStG) for the unsealing and release of these seized documents for examination. The Appeals Chamber I of the BStG then ordered that the competent judge-rapporteur of the Chamber should conduct a review and triage of the sealed papers and data carriers before the Chamber decides in a separate decision on the final scope of the unsealing and release to the BA.

Considerations

The Federal Supreme Court decided that the contested interim decision of the BStG, which orders the judicial triage, does not yet constitute a separately appealable coercive measure decision. According to the case law of the Federal Supreme Court, only the final unsealing decision of the BStG Chamber, in which it is determined which documents and data are to be made available to the prosecuting authorities for further use, is subject to appeal.

The Federal Supreme Court states that the unsealing…