Facts
The Public Prosecutor's Office of Brugg-Zurzach is conducting a criminal investigation on suspicion of sexual offenses (particularly child pornography). On August 13, 2012, it ordered the retroactive identification of an Internet connection participant (IP address) for the period from June 2 to July 20, 2011. The Coercive Measures Court of the Canton of Aargau rejected the corresponding authorization request of the Public Prosecutor's Office on August 17, 2012.
The Public Prosecutor's Office appealed the non-authorization decision to the Federal Supreme Court. It requested the annulment of the contested decision and the approval of the retroactive participant identification for the ordered period.
Considerations
The Federal Supreme Court states that in the case of offenses committed via the Internet, Art. 14 para. 4 BÜPF takes precedence as "lex specialis" over Art. 273 para. 3 CCP. Art. 14 para. 4 BÜPF does not provide for a time limit for the retroactive collection of data.
The retroactive participant identification ordered by the Public…