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Page 48 of 220
d)
dissemination, procurement and possession of child and youth
pornography in the cases under section 184b (2) and section 184 (2),
e) murder under specific aggravating circumstances and murder under
sections 211 and 212,
f)
offences against personal liberty in the cases under section 234, section
234a (1) and (2), sections 239a and 239b, forced prostitution and forced
labour under section 232a (3) or (4) or (5) half-sentence 2, section 232b
(3) or (4) in conjunction with section 232a (4) or (5) half-sentence 2 and
exploitation involving deprivation of liberty under section 233a (3) or (4)
half-sentence 2,
g) theft by burglary of dwellings under section 244 (4), aggravated gang
theft
under section 244a (1), aggravated robbery under section 250 (1) or (2),
robbery resulting in death under section 251, extortion with use of force or
threat of force under section 255 and an especially serious case of
extortion under section 253 under the conditions of section 253 (4)
sentence 2, commercial handling of stolen goods under section 260a (1),
an especially serious case of money laundering and concealing unlawfully
acquired assets under section 261 under the conditions of section 261 (4)
sentence 2,
h) offences constituting a public danger in the cases under sections 306 to
306c, section 307 (1) to (3), section 308 (1) to (3), section 309 (1) to (4),
section 310 (1), sections 313 and 314, section 315 (3), section 315b (3)
and sections 316a to 316c;
2.
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 or
smuggling for gain and as an organised gang under section 97;
3.
under the Foreign Trade and Payments Act:
offences under section 17 (1) to (3) and section 18 (7) and (8);
4.
under the Narcotics Act:
a) an especially serious case of an offence under section 29 (1) sentence 1
no. 1, 5, 6, 10, 11 or 13 or (3), subject to the conditions of section 29 (3)
sentence 2 no. 1,
b) an offence under section 29a, section 30 (1) nos. 1, 2 and 4 or section
30a;
5.
under the Precursors Control Act:
an offence under section 19 (1) under the conditions of section 19 (3)
sentence 2;
6.
under the War Weapons Control Act:
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Page 49 of 220
a) an offence under section 19 (2) or section 20 (1), in each case in
conjunction with section 21,
b) an especially serious crime under section 22a (1) in conjunction with (2)
;
7.
under the Code of Crimes against International Law:
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;
8.
under the Weapons Act:
a) an especially serious case of an offence under section 51 (1) in
conjunction with (2),
b) an especially serious case of an offence under section 52 (1) no. 1 in
conjunction with (5);
(3) The capture of all traffic data acquired from a radio cell (radio cell inquiry) shall
be permissible only
1.
if the conditions of subsection (1) sentence 1 no. 1 are met,
2.
insofar as the data capture stands in appropriate relationship to the
importance of the matter and
3.
insofar as other means of establishing the facts or determining the accused’s
whereabouts would offer no prospect of success or would be much more
difficult.
Recourse may be taken to traffic data stored pursuant to section 113b of the
Telecommunications Act for the purposes of a radio
cell inquiry only under the
conditions of subsection (2).
(4) Traffic data capture pursuant to subsection (2), also in conjunction with
subsection (3) sentence 2, which is directed against one of the persons referred to
in section 53 (1) sentence 1 nos. 1 to 5 and which will presumably produce findings
about which that person is likely to be able to refuse to give evidence shall be
inadmissible. Findings gained regardless may not be used in court. Recordings
thereof shall be deleted without delay. The fact that the recordings were obtained
and deleted shall be documented. Sentences 2 to 4 shall apply accordingly where
an investigatory measure which is not directed against one
of the persons referred
to in section 53 (1) sentence 1 nos. 1 to 5 produces findings concerning that person
about which the person is likely to be able to refuse to give evidence. Section 160a
(3) to (4) shall apply accordingly.
(5) If the telecommunications traffic data are not captured by the provider of publicly
accessible telecommunications services, then general provisions shall apply after
conclusion of the communication process.
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