Seizure of the document

§ 313. (1) The original document shall be seized if

(a) confiscable,

b) a document certifying the title to the property subject to confiscation or the right to dispose of it,

(c) it bears traces of a criminal offense,

(d) an unforeseeable or significant number of documents must be inspected; or

(e) it is essential for the success of the proof.

2. If the original document is not required in the course of the proceedings, a copy shall be made as soon as possible in view of the technical possibilities for ordering the seizure and the quantity of the document seized. In such a case, the seizure of the original document may last only until the copy is made, but for a maximum of two months.

(3) If this does not jeopardize the interests of the procedure, a certified copy of the seized original document shall be made to the holder upon request.

§ 314. (1) If, according to the holder of the document or his or her defense counsel or representative, the content of the testimony may be refused on the basis of § 172 and he or she does not consent to the knowledge of the document, the investigating authority shall release the document or the data carrier available to the prosecutor's office. In such a case, the investigating authority or a member of the prosecuting body conducting the prosecutorial investigation may not become acquainted with the content of the document.

(2) In the case of an investigation by the investigating authority, the public prosecutor's office or, in the case of an investigation by the public prosecutor's office, the superior public prosecutor's office shall decide on the seizure immediately after learning about the court. If the seizure is not ordered by the prosecution or the court, the document cannot be used as a means of evidence in either a pending case or other criminal proceedings.

Seizure and obligation to retain electronic data

§ 315. (1) Seizure of electronic data

a) by making a copy of the electronic data,

b) by transferring electronic data,

c) by making a copy of the entire contents of the information system or data carrier containing it,

(d) by seizing the information system or medium containing it, or

e) by other means specified by law

can be implemented.

2. The seizure of the electronic data used for payment may also be carried out by carrying out an operation with the electronic data which prevents the data subject from disposing of the value of the data expressed by the electronic data.

3. For the seizure of an existing document as electronic data, Articles 313 to 314 shall apply. § shall be applied accordingly.

4. The seizure of electronic data shall be carried out in such a way that it does not, as far as possible, cover electronic data which are not necessary for the purpose of criminal proceedings, or such electronic data are affected by the seizure for the shortest possible period of time.

(5) An information system or data carrier containing electronic data may be seized if:

a) is subject to confiscation or confiscation of property,

(b) is relevant as a means of physical evidence, or

(c) the verification requires an examination of an unforeseeable or significant amount of electronic data stored therein.

(6) If this does not jeopardize the interests of the procedure, in the event of seizure of an information system or data carrier, a copy of the electronic data designated by him or her shall be made at the request of the person entitled to have electronic data.

§ 316. (1) An obligation to preserve electronic data may be imposed in order to detect a criminal offense or to prove it. The obligation to retain electronic data restricts the right of the holder, processor or manager of the electronic data (hereinafter: the person obliged to retain) to dispose of the electronic data.

(2) The obligation to retain electronic data shall be imposed by a court, prosecutor's office or investigative authority.

(3) An obligation to retain electronic data may be imposed if it

a) to detect a means of proof,

(b) to provide a means of proof; or

(c) to establish the identity or actual whereabouts of the suspect

required.

(4) The data subject shall retain the electronic data specified in the decision unchanged from the date of notification of the decision to him or her and, if necessary, separate from other data files, ensure its secure storage. The data subject shall prevent the alteration, deletion, destruction, transmission of the electronic data, unauthorized copying of the electronic data or unauthorized access thereto.

(5) 63 The person ordering the retention may affix an enhanced electronic signature or electronic stamp based on a qualified or qualified certificate to the electronic data affected by the retention.

(6) If the storage of electronic data in its original location would significantly impede the data subject's activities related to the processing, handling, storage or transmission of electronic data, he may, with the permission of the customer, ensure the storage of electronic data by transferring it to another information system or data carrier. After copying, the person ordering the retention may partially or completely remove the restrictions on the information system or data carrier containing the original electronic data.

(7) During the period of coercive measures, the data subject to the retention obligation shall have access only with the permission of the court, the public prosecutor's office or the investigating authority and the person obliged to retain the retention order. The data subject may retain information about the electronic data that is affected by the retention obligation for the duration of the measure only with the consent of the ordering party.

(8) The person obliged to preserve shall immediately inform the person ordering the preservation obligation if the electronic data affected by the obligation to preserve have been unauthorizedly altered, deleted, destroyed, transmitted, copied, disclosed or a sign indicating their attempt has been detected.

(9) Following the obligation to retain electronic data, the person ordering the retention obligation shall immediately begin the review of the electronic data. As a result of the review, the person ordering the retention order decides whether to order another way of carrying out the seizure or terminates the retention order.

(10) The retention obligation lasts for a maximum of three months. The obligation to keep ceases when the criminal proceedings have been completed. The custodian shall be informed of the termination of the criminal proceedings.

§ 317. The provisions concerning the redemption, sale and confiscation of the seized thing, as well as the termination and withholding of the seizure shall also apply mutatis mutandis to the electronic data.

Redemption of the seized thing

§ 318. (1) If a thing has been seized solely for the purpose of securing confiscation of property and a substantiated claim for its release has not been declared, the person from whom the thing has been seized may propose acceptance of the redemption of the thing.

(2) The prosecution shall decide on the acceptance of the redemption of the seized thing before the prosecution and thereafter the court.

(3) The amount of redemption shall be determined by the prosecutor's office or the court. The amount of redemption is the estimated value of the thing.

(4) A motion to accept redemption shall be rejected if a

(a) the amount established is disputed by the person concerned,

(b) determining the amount of redemption would prolong the proceedings, or

(c) determining the amount of redemption would be disproportionate.

(5) There is no appeal against the rejection of a motion to accept redemption.

(6) The amount paid at the time of redemption replaces the seized thing. In such a case, the confiscation of property must be ordered for the consideration that replaces the thing.

Selling the booked thing

§ 319. (1) If in the course of the proceedings the seized thing is no longer necessary for the purpose of proof, it shall be examined without delay of its own motion whether the seizure has a place to be terminated or whether the seized thing can be sold.

(2) A seized thing may be sold if

a) the seized thing is no longer needed for the purpose of proof,

(b) there is no need to lift the seizure, and

(c) no substantiated claim has been made in respect of the seized item.

(3) If the conditions specified in subsection (2) are met, the court shall, upon the motion of the prosecutor's office before the prosecution, order the sale of the seized thing, if the seized thing

(a) is subject to rapid deterioration,

b) unsuitable for long-term storage,

(c) its handling, storage or preservation would be disproportionate and significant, in particular in view of the value of the thing or its foreseeable long-term storage; or

(d) its value would decrease significantly due to the expected time of seizure.

(4) If the seized thing is no longer necessary for the purpose of proof and there is no place to terminate the seizure, the court may, upon the prosecution's motion, order the sale of the seized thing even if a substantiated claim has been made in connection with the seized thing and the the person making the substantiated claim consented to the sale.

(5) Prior to the indictment, the sale of the thing may be ordered by the prosecutor's office or the investigating authority.

(6) The consideration received from the sale of the seized thing shall replace the seized thing. In such a case, the confiscation or confiscation of property shall be ordered for the consideration which replaces the thing.

(7) If necessary for later proof, in case of sale of the seized thing, a sample of the thing shall be provided or a picture or image and sound recording shall be made of the thing, which at a later stage of the procedure unequivocally proves the essential characteristics of the thing.

Termination of seizure and confiscation of the seized thing

Section 320 (1) The seizure shall be terminated if

(a) it is no longer necessary for the purposes of the procedure,

b) the seized thing has been redeemed, in respect of the thing originally seized,

(c) the proceedings have been terminated, or

(d) the time limit for the investigation has expired.

(2) If the seized thing is worthless and no one claims it, it shall be destroyed after the seizure is terminated.

(3) A seizure ordered by a court may also be lifted by the public prosecutor's office before the indictment.

(4) If the possession of the seized thing is contrary to law or endangers public safety, the court shall decide on the confiscation of the seized thing instead of terminating the seizure.

(5) If necessary for the purpose of proof, in case of confiscation or destruction of the seized thing, a sample of the thing shall be provided or a picture or image and sound recording shall be made of the thing, which at a later stage of the proceedings proves beyond doubt the essential characteristics of the thing.

§ 321. (1) Upon termination of the seizure, the seized thing shall be handed over to the person who was the owner of the act which is the subject of the criminal proceedings and no reasonable doubt arises in connection with the right of ownership.

(2) If there is no person to whom the thing is to be extradited pursuant to subsection (1) and such person cannot be determined on the basis of the data of the proceedings available until then, the thing shall be extradited to the person who has made a substantiated claim for extradition.

(3) If there is no person to whom the thing could be extradited in accordance with paragraph 2 or such a person cannot be determined on the basis of the data of the proceedings available until then, the thing shall be extradited to the person from whom it was seized.

(4) If the proceedings have been terminated because the act is not a criminal offense, the seized thing shall be released to the person from whom it has been seized.

(5) A thing seized from the accused shall become the property of the state on the basis of a court decision, if it undoubtedly belongs to someone else, and the identity of this person cannot be established. If the identity of such a person is later clarified, the person concerned may claim the issue of the thing or the consideration for the sale. The claimant's application is decided by a court with jurisdiction and jurisdiction under the Code of Civil Procedure.

§ 322. If the thing originally seized can no longer be released, the amount of the consideration received from the sale or redemption of the thing, less the cost of handling, storage or custody, shall be paid to the person concerned. If the seizure was unjustified, the consideration for the thing cannot be reduced by the cost of handling, storage or custody. The court, prosecutor's office or investigating authority that decides to lift the seizure shall decide in its decision. The claimant may enforce his claim in excess of this in accordance with the rules of civil law.