Facts
The case concerns the participation of police officers in conversations in an internet chat room with the aim of investigating crimes, in particular sexual acts with children. The question arises whether a judicial authorization is required for this.
The 26-year-old X. made contact on August 17, 2005 under the pseudonym "Jérôme" with a person with the pseudonym "manuela_13". In the chat, he made various statements and requests of a sexual nature. He arranged a meeting with "manuela_13" at Zurich main station, but did not appear to a 13-year-old girl, but to police officers who identified themselves as such. In the criminal investigation subsequently opened on suspicion of the (unsuccessful) attempt of sexual acts with a child, a house search was carried out at X.'s residence, during which child pornographic material was seized.
Considerations
The Federal Supreme Court decided that the participation of the police officers in the chat is to be qualified as a covert investigation within the meaning of the Federal Act on Covert Investigations (BVE). For this, a judicial authorization for the appointment of the police officers as covert investigators…