Cyber bunker clause in stpo: searches for the night

Cyber bunker clause in STPO: searches for the night

The police may also search apartments, business compartments and owners for the night to inspect computers and it systems in the current state and to copy an infiltrated data as well as to be confiscated. On a corresponding, our request for the controversial draft of the federal government to the amendment of the criminal procedure order (stpo), the rough coalition has become immersed. The initiative should be adopted with the addition in the next week in the bundestag.

Paragraph 104 stpo will therefore allow searches between 21 and 6 o’clock, "if certain facts justify the suspicion", that during the maaking "will be accessed on an electronic storage medium that comes into consideration as evidence". Further condition is that otherwise "the evaluation of the electronic storage medium, in particular in an interdependent form, hopeless or significantly complicated goods". So far, the appropriate storage of the night’s sleep was only in case of danger in default "persecution on fresh act" as well as allowed to take a escaped prisoner.

Nightactive tatter on the open pc

"In offense areas, which are mainly committed by the use of computers and a similar, the investigations are increasingly prior to the problem that the tather protects your data carrier through the use of trapping technologies prior to access by the law enforcement behavior", ground cdu / csu and spd your approach. Moving the reproduction and the accused does not show itself cooperative, konne one "digital forensic evaluation" not done. Therefore, it is the effective explanation of criminals of gross importance to confiscate a data carrier possible in an unbalanced condition.

Although some courts had decisive for searches in the night hours, "because certain taders are considered very nachective" and accused at this time "open pc" it should be encountered, it is called. But a uniform case law does not give it this, so that the procedure should now be steadily regulated. Of the "special protective wateriness of the night’s sleep" will be taken into account by the restrictions. The circumstances of the case had to be taken into view.

Previously, rhineland-palatinate has made itself strong in the bundesrat that the police should be able to perform searches at night even at night. The minister of justice in the country, herbert mertin (fdp), granted this mainly with the cyber bunker process and similar situations. The computers had to run here with access, which is often the case with internet criminals at night.

License plate scanning for search

With the project, the legislator will also create a uniform legal basis with which the police and other security authorities such as customs automated license plate reading systems (akls) can use in public traffic space for search purposes. The data can be adjusted afterwards with license plates by car, which are approved on the accused or on contact persons or to be used by them. Condition for the use of the instrument is that "prepare actual indications" for a committed offense of considerable importance.

Lawyers had demanded an appeal to delete this planned paragraph 163g for vehicle license plate scanning. Presecutors, on the other hand, with the federal council of dafur to store the information collected with the readers and use for investigation purposes.

Secret online search

The coalition has no longer changed the coming paragraph 95a. In order for investigators, especially on electronic evidence such as the provider-stored emails or chat, content of a user account of a social network as well as data in the cloud partly access to the provider,. It is supposed to be prosecuted here "in the areas of child pornography, trade in weapons, drugs, histile goods and other forbidden objects both on the internet and in the so-called darknet" walk. Experts had warned here in front of a pond full of potential random finds and the glassy burger.

With the reform, the crime catalog for secret online searches with state trojans and the coarse readable attack is further extended. Corresponding profound interventions in it systems are then entitled to offices from the field of trafficking, commercial and gang-mabigic computer fraud as well as in the case of deeds from the au-auswirtschafts- and the new psychoactive fabrics act.

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