Section 39 Seizure and search

(1) Property in regard to which surrender to a foreign state is being considered as a possibility may be seized or secured by other means even before receipt of a request for extradition. A search may likewise be carried out to that end.

(2) If no higher regional court is yet seised of the extradition proceedings, the seizure and the search are initially ordered by that local court in whose district the measures are to be taken.

(3) In exigent circumstances, the public prosecution office and its investigators (section 152 of the Courts Constitution Act (Gerichtsverfassungsgesetz)) are authorised to order the seizure and the search.