Facts
Parties: Private plaintiff A. against the Public Prosecutor's Office IV of the Canton of Zurich
Court: Federal Supreme Court, I. Public Law Division
Date: January 17, 2018
Facts:
- The Public Prosecutor's Office is conducting a criminal investigation against B. and accomplices for attempted homicide and serious bodily harm.
- During the police evidence collection, narcotics, drug paraphernalia, and two mobile phones were seized.
- During the search of the private plaintiff's home, an additional 10 mobile phones, electronic devices, a bank card, a wallet, a note, and further keys were seized.
- The private plaintiff filed a sealing request and lodged a complaint against the seizures.
- The Zurich Higher Court ruled on the unsealing requests and partially released the items for further use.
- The private plaintiff lodged a complaint with the Federal Supreme Court against the unsealing decision.
Considerations
The Federal Supreme Court first examined whether the lower court conducted a procedure in compliance with federal law. The complainant alleged that the ZMG had denied him the legally provided legal protection. The ZMG should not have considered the unsealing requests at all.
The Federal Supreme Court found that Section 3 "Search of Records" in Articles 246-248 CrimPC regulates the sealing and unsealing procedure. Records and items subject to confidentiality protection must be sealed and may neither be viewed nor used by the criminal authorities unless an unsealing request is filed and granted.
In the present case, the lower court partially closed the unsealing procedure as settled, as various seized and sealed items by the Public Prosecutor's Office were neither accessible for search nor "sealable." The ZMG…