Facts

The complainant [A.] was investigated by the Public Prosecutor's Office of Bischofszell on suspicion of violating the Animal Protection Act, the Animal Diseases Act, and the Food Act. In the course of this investigation, several documents and objects were secured and seized during the evacuation of [A.] 's farm on August 7/8, 2017. The Public Prosecutor's Office of Frauenfeld conducted a separate investigation against [B.] , the cantonal veterinarian and head of the Veterinary Office of the Canton of Thurgau, for abuse of office and aiding and abetting animal cruelty. In the course of this investigation, further documents and data were seized.

The Public Prosecutor's Office of Frauenfeld lifted the seizure of certain documents and data and ordered their return to the Veterinary Office. The complainant [A.] applied to the Public Prosecutor's Office of Bischofszell to seize these documents and data again, which was rejected. The High Court of the Canton of Thurgau dismissed the complaint lodged against this decision.

The complainant [A.] lodged a complaint with the Federal Court and requested that the decision of the High Court be set aside and that the Public Prosecutor's Office of Bischofszell be instructed to seize the documents and data.

Considerations

The Federal Court examined the jurisdiction and the prerequisites for entering into the complaint. It found that the complaint was filed in a timely manner and that the complainant has a legally protected interest in having the contested decision set aside.

The Federal Court addressed the question of whether the federal complaint procedure has become moot, as the indictment was filed with the District Court of Arbon and the powers under Art. 328 para. 2 CrimPC have been transferred from the Public Prosecutor's Office to the court of first instance. It decided that in this case, the question does not need to be examined in depth.

The Federal Court examined the admissibility of the complaint and found that the lower court did not enter into the complainant's appeal insofar as he requested the renewed seizure of documents and objects with regard to which the Public Prosecutor's Office of Frauenfeld had lifted the seizure and ordered their return to…