Decision on the Seizure of Items in Administrative Criminal Proceedings against a Suspected Operator of Pirate Broadcasts

Facts

The appellant X. was suspected of being the author of the pirate broadcasts "Atlantis I" and "Atlantis II". In the context of administrative criminal proceedings, various items that X. was carrying in his vehicle were seized on June 6, 1977. These included a scanner, mini-cassettes, a small tape recorder, and other equipment that may have been used for the operation of pirate broadcasts.

X. filed a complaint against the seizure and requested the return of the items. The Directorate General of the PTT transferred the complaint to the Indictment Chamber of the Federal Court.

Considerations

The Indictment Chamber states that only a person who is still at least partially aggrieved by the contested decision and is interested in its amendment is entitled to file a complaint. To the extent that X. has raised objections to the actions of the investigating officers, the complaint is not to be considered, as he is no longer aggrieved by these incidents.

With regard to the seizure of the items, the Indictment Chamber finds that it was justified under Art. 46 para. 1 lit. a VStrR, as the items could have been of evidentiary significance. The scanner, the mini-cassettes, the small tape recorder, and the seized sheet with notes could have corroborated the suspicion that X. had intercepted and recorded the police radio. The…