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b) commercial and organised incitement to submit fraudulent applications for
asylum under section 84a;
5.
under the Residence Act:
a) smuggling of foreigners into the federal territory under section 96 (2),
b) smuggling of foreigners into the federal territory resulting in
death and
smuggling for gain and as an organised gang under section 97;
6.
under the Foreign Trade and Payments Act (
Außenwirtschaftsgesetz
):
intentional offences under sections 17 and 18;
7.
under the Narcotics Act (
Betäubungsmittelgesetz
):
a) offences under one of the provisions referred to in section 29 (3)
sentence 2 no. 1, subject to the conditions set out therein,
b) offences under section 29a, section 30 (1) nos. 1, 2 and 4, and sections
30a and 30b;
8.
under the Precursors Control Act (
Grundstoffüberwachungsgesetz
):
offences under section 19 (1), subject to the conditions of section 19 (3)
sentence 2;
9.
under the War Weapons Control Act (
Gesetz über die Kontrolle von
Kriegswaffen
):
a) offences under section 19 (1) to (3), section 20 (1) and (2), and section
20a (1) to (3), each also in conjunction with section 21,
b) offences under section 22a (1) to (3);
9a. under the New Psychoactive Substances Act (
Neue-psychoaktive-Stoffe-
Gesetz
):
offences under section 4 (3) no. 1 (a);
10. under the Code of Crimes against International Law (
Völkerstrafgesetzbuch
):
a) genocide under section 6,
b) crimes against humanity under section 7,
c)
war crimes under sections 8 to 12,
d) crimes of aggression under section 13;
11. under the Weapons Act (
Waffengesetz
):
a) offences under section 51 (1) to (3),
b) offences under section 52 (1) no. 1 and no. 2 (c) and (d), and section 52
(5) and (6).
(3) Such order may be made only against the accused or against persons in
respect
of whom it may be assumed, on the basis of certain facts, that they are receiving or
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Page 40 of 220
transmitting messages intended for or originating from the accused, or that the
accused is using their telephone connection or information technology system.
(4) On the basis of the order for the interception or recording of telecommunications,
all those providing or collaborating in the provision of telecommunications services
on a commercial basis shall enable
the court, the public prosecution office and its
investigators (section 152 of the Courts Constitution Act) to take these measures
and shall provide the necessary information without delay. Whether and to what
extent precautionary measures are to be taken in this respect shall follow from the
Telecommunications Act (
Telekommunikationsgesetz
) and from the
Telecommunications Interception Ordinance (
Telekommunikations-
Überwachungsverordnung
) issued thereunder. Section 95 (2) shall apply
accordingly.
(5) In the case of measures under subsection (1) sentences 2 and 3, it must be
ensured that technical means are in place so that
1.
only the following can be intercepted and recorded:
a) ongoing telecommunications (subsection (1) sentence 2) or
b) the content and circumstances of the communication which could also
have been intercepted and recorded from the date
on which the order
was made pursuant to section 100e (1) during ongoing transmission
processes in the public telecommunications network (subsection (1)
sentence 3);
2.
only those changes are made to the information technology system which
are essential in
order to capture the data; and
3.
the changes made are automatically reversed once the measure is
concluded, insofar as this is technically possible.
The means used shall provide protection against unauthorised access using
methods reflecting the state of the art. Copied data
shall be protected against
modification, unauthorised deletion and authorised inspection using methods
reflecting the state of the art.
(6) A record is to be made of the following each time technical means are used:
1.
the designation of the technical means and the time of their use,
2.
information required to identify the information technology system and
changes made
which are not only transient,
3.
information enabling the identification of the data captured and
4.
the unit implementing the measure.
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