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.

Section 67 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 such surrender. A search may likewise be carried out to that end.

(2) Property may also be seized or secured by other means under the conditions of section 66 (1) no. 1 and (2) no. 1 if this is necessary to execute a request which does not relate to the surrender of the property. Subsection (1) sentence 2 applies accordingly.

(3) The seizure and the search are ordered by that local court in whose district the seizure and search are to be carried out. Section 61 (2) sentence 2 applies accordingly.

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

III. The Bundestag

Article 44
[Committees of inquiry]
(2) The rules of criminal procedure shall apply, mutatis mutandis ,to the taking of evidence. The privacy of correspondence, posts and telecommunications shall not be affected.