Decision on the Admissibility and Scope of the Seizure of Computer Files

Facts

The investigating magistrate of the Canton of Freiburg conducted criminal proceedings against [Y.] for tax fraud and forgery of documents. In this context, he ordered a house search and seizure at [X.] , the tax expert and fiduciary of the accused [Y.] , in Zurich. During the search, 1007 computer files with search terms related to the criminal proceedings against [Y.] were seized and sealed. The Cantonal Court of Freiburg partially lifted the sealing and ordered that files containing only one of 21 specific search terms be deleted before the remaining files are unsealed. [X.] appealed against this decision.

Considerations

The Federal Court states that the appeal by [X.] , the fiduciary of the accused, is admissible, as it is a partial decision that concludes the proceedings for him. With regard to the complaints, the Federal Court only examines whether there has been a violation of constitutional rights.

The Federal Court considers the complaint about the lack of a protocol on the copying and deletion process to be unfounded, as the authorities are bound by the information that only files with the permissible search terms were copied, and the appellant has the opportunity to be…