Facts
In this case, it was about a search and seizure carried out by the Directorate General of the PTT (Postal Services) against J. A sealed cassette film was seized, which J. did not want to release. The Directorate General of the PTT then applied to the Indictment Chamber of the Federal Court for the unsealing of the film in order to be able to use it for the investigation.
The Federal Court had to decide in this case whether the search and seizure of the cassette film was admissible and whether the unsealing of the film by the Indictment Chamber could be approved.
Considerations
According to Article 50, paragraphs 1 and 3 of the Federal Act on Administrative Criminal Law (VStrR), papers are to be searched with the greatest care for private secrets. In particular, they are only to be searched if it is to be assumed that writings are contained therein that are of importance for the investigation. If the holder of the papers objects to the search, they are sealed and stored, and the Indictment Chamber of the Federal Court decides on the admissibility of the search.
The Federal Court found that these provisions expressly only refer to papers, the sealing of which the holder can demand to protect his private secrets. However, it is in keeping with the spirit of the law to equate other information carriers such…