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stipulated in section 74a (4) of the Courts Constitution Act in the district in which the
public prosecution office is located. In exigent circumstances, the order may also be
made by the presiding judge. His order shall become
ineffective unless it is
confirmed by the criminal division within three working days. The order shall be
limited to a maximum duration of one month. An extension of the measure for
subsequent periods of no more than one month shall be admissible provided the
conditions for the measure continue to exist, taking into account the information
obtained in the course of the investigation. If the duration of the order has been
extended for a total period
of six months, the higher regional court shall decide on
any further extension orders.
(3) The order shall be given in writing. The operative part of the order shall indicate
1.
the name and address of the person against whom the measure is directed,
where known,
2.
the alleged offence on the basis of which the measure is being ordered,
3.
the type, extent, duration and end date of the measure,
4.
the type of information to be obtained by carrying out the measure and its
relevance for the proceedings,
5.
in the case of measures under section 100a, the telephone number or
another identifier of the connection to be intercepted or the end device,
insofar as certain facts do not lead to the assumption that it is assigned to
another end device; in the case under section 100a (1) sentences 2 and 3,
as precise a designation as possible of the information
technology system to
be interfered with,
6.
in the case of measures under section 100b, as precise a designation as
possible of the information technology system from which data are to be
captured,
7.
in the case of measures under section 100c, the private premises or rooms
to be surveilled.
(4) The reasons for the ordering or extension of measures under sections 100a to
100c shall specify the requirements and main considerations
underlying the
decision. In particular, the following shall be stated in relation to each individual
case:
1.
the particular facts on which the suspicion is based,
2.
the essential considerations concerning the necessity and proportionality of
the measure,
3.
the factual indications as stated in section 100d (4) sentence 1 in the case of
measures under section 100c.
(5) If the conditions on which the order was
based are no longer met, the measures
taken on the basis of the order shall be terminated without delay. The court which
made the order shall be informed about the results of the measure following its
termination. In the case of measures under sections 100b and 100c, the court
ordering the measure shall also be informed about the course of the measure. If the
conditions for the order no longer exist, the court shall order the termination of the
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measures, unless termination has already been initiated by the public prosecution
office. Termination of a measure under sections 100b and 100c may also be
ordered by the presiding judge.
(6) Personal data which have been obtained and are usable
on the basis of
measures under sections 100b and 100c may be used for other purposes subject to
the following conditions:
1.
The data may be used in other criminal proceedings without the consent of
the persons being kept under surveillance only for the purposes of
investigating an offence in respect of which measures under section 100b or
100c could be ordered or to establish the whereabouts of a person accused
of such an offence.
2.
The use of the data, even such data as are acquired pursuant to section
100d (5) sentence 1 half-sentence 2 for the purposes of averting danger, is
only admissible to avert an existing danger of death in an individual case or
to avert an imminent danger to the life or liberty of a
person or to the security
or existence of the state or to objects of significant value which serve to
supply the population, are of culturally outstanding value or are referred to in
section 305 of the Criminal Code. The data may also be used to avert an
imminent danger to other significant assets in individual cases. If the data
are no longer required for the purposes of averting the danger or for a pre-
judicial or judicial review of the measures implemented to avert the danger,
recordings of such data are to be deleted without delay by the authority
responsible for averting the danger. The fact of deletion is to be
documented. If deletion is postponed merely for the purposes of a pre-
judicial or judicial review, the data may be used solely for this purpose;
access is to be denied for any use for other purposes.
3.
If usable personal data have been obtained by means
of a relevant police
measure, such data may not be used in criminal proceedings without the
consent of the person under surveillance by virtue of such measure, except
for the purpose of investigating an offence in respect of which measures
under section 100b or 100c could be ordered or to determine the
whereabouts of a person accused of such offence.
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