Facts
The Federal Prosecutor's Office conducted an investigation against X. and other persons between October 2004 and August 2009 on suspicion of commercial investment fraud and other offenses. In the course of the proceedings, house searches were carried out, during which extensive documents and electronic data were seized and sealed.
The Federal Prosecutor's Office applied to the Federal Criminal Court for the unsealing and release of the seized documents and data for examination. The Federal Criminal Court ordered that the competent judge should conduct a review and triage of the seized documents. Subsequently, there were several partial decisions and appeals to the Federal Supreme Court.
Finally, X. filed an appeal against the unsealing and disclosure decision of November 12, 2010 with the Federal Supreme Court.
Considerations
The Federal Supreme Court partially upholds the appeal. It finds that the unsealing judge is obliged to examine the investigative relevance of the seized files and to exclude obviously irrelevant files from the unsealing. The transfer of this task to the investigating authorities is inadmissible.
Regarding the private nude photos claimed by the appellant, the Federal Supreme…