Decision on the unsealing of seized documents and computers

Facts

The Public Prosecutor's Office Zurich-Sihl is conducting a criminal investigation against [X.] for coercion (Art. 181 SCC). He is accused of, as the manager of the "Restaurant [A.] " in Zurich, repeatedly demanding that his former employee [B.] sign blank timesheets and threatening not to pay her the wages due to her otherwise. On 19 June 2012, a search was carried out at [X.] 's place of residence and workplace, during which various business documents and two PCs were seized and sealed. On 4 July 2012, the Public Prosecutor's Office filed a request for unsealing and search. The Compulsory Measures Court at the High Court of the Canton of Zurich granted the unsealing request by order of 26 October 2012 and left the search to the criminal prosecution authorities.

Considerations

The Federal Supreme Court concluded that there was sufficient suspicion of an offence against the appellant [X.] . The statement of the victim, that she had been forced by the appellant to sign blank timesheets, was considered credible. The statement of another employee, who had also stated that he had been coerced by the appellant under threat of withholding his wages to sign blank timesheets, was also considered credible. The Federal Supreme Court saw no reason why this employee should falsely incriminate the appellant.

Furthermore, the Federal Supreme Court stated that it…