CrimPC Art. 278 - Accidental finds

Einleitung zur Rechtsnorm CrimPC:

Art. 278 CrimPC from 2023

Art. 278 Accidental finds

¹ If in the course of surveillance operations offences other than those specified in the surveillance order come to light, these findings may be used against the accused provided surveillance would have been permitted in the investigation of the offences concerned.

1bis If offences come to light during surveillance operations in terms of Articles 35 and 36 SPTA ⁽¹⁾ , the findings may be used subject to the requirements specified in paragraphs 2 and 3. ⁽²⁾

² Findings relating to offences committed by a person who is not named as a suspect in the surveillance order may be used if the requirements for the surveillance of this person are fulfilled.

³ In cases under paragraphs 1, 1^bis and 2, the public prosecutor shall order surveillance immediately and begin the authorisation procedure. ⁽³⁾

⁴ Records that may not be used as accidental finds must be stored separately from the case documents and destroyed on conclusion of the proceedings.

⁵ Any findings made in a surveillance operation may be used to trace wanted persons.