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Page 74 of 220
1.
visitation and telecommunications shall be subject to permission,
2.
visitation, telecommunications, correspondence and parcels shall be
monitored,
3.
the handing over of items during visitation
shall be subject to permission,
4.
the accused shall be separated from individual or all other detainees,
5.
his placement and presence on premises shared with other detainees shall
be restricted or ruled out.
The orders shall be made by the court. If its order cannot be obtained in time, the
public prosecution office or the penal institution may make a provisional order. The
order shall be submitted to the court for approval within three working days, unless it
has in the meantime ceased to be operative. The accused shall be informed of
orders. The order referred to in sentence 2 no. 2 shall include the authorisation to
terminate visitation and telecommunications as well as
to hold correspondence and
parcels.
(2) Implementation of the order shall be incumbent upon the authority making the
order. The court may revocably transfer the implementation of orders to the public
prosecution office, which may avail itself of the services of its investigators and the
penal institution in effecting such implementation. The transfer shall not be
contestable.
(3) Where the surveillance of telecommunications has been ordered pursuant to
subsection (1) sentence 2 no. 2, the persons with whom the accused is
communicating shall be informed of the intended surveillance immediately after the
connection has been established. The information
may be given by the accused
himself. The accused shall be advised in good time prior to the commencement of
telecommunications of the duty to so inform.
(4) Sections 148 and 148a shall remain unaffected. They shall apply accordingly to
communications between the accused and
1.
the probation office competent for his case,
2.
the authority competent for supervision of his conduct,
3.
the court assistance agency competent for his case,
4.
the Bundestag and the
Länder
parliaments,
5.
the Federal Constitutional Court and the
Land
constitutional court competent
for his case,
6.
the
Land
ombudsman competent for his case,
7.
the Federal Commissioner for Data Protection and Freedom of Information,
the agencies of the
Länder
competent for the monitoring
of compliance with
data protection provisions in the
Länder
and the supervisory authorities
pursuant to section 38 of the Federal Data Protection Act,
8.
the European Parliament,
9.
the European Court of Human Rights,
10.
the European Court of Justice,
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11. the European Data Protection Supervisor,
12. the European Ombudsman,
13. the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment,
14. the European Commission against Racism and Intolerance,
15. the United Nations
Human Rights Committee,
16. the United Nations Committee on the Elimination of Racial Discrimination
and the United Nations Committee on the Elimination of Discrimination
against Women,
17. the United Nations Committee against Torture, its Subcommittee on
Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment and the corresponding national preventive mechanisms,
18. the persons mentioned in section 53 (1) sentence 1 nos. 1 and 4 in regard to
the content specified therein,
19. unless
the court orders otherwise,
a) the prison advisory boards and
b) the consular representation of his home state.
The measures necessary to determine the existence of the conditions of sentences
1 and 2 shall be taken by the authority competent pursuant to subsection (2).
(5) An application for a court decision may be made against decisions or other
measures taken pursuant to this provision, unless the legal remedy of complaint is
admissible. The application shall not have suspensive effect. The court may,
however, make provisional orders.
(6) Subsections (1) to (5) shall also apply where another measure involving
deprivation of liberty (section 116b) is enforced against an accused in respect of
whom remand detention has been ordered. In this case as well, the competence of
the court shall be governed by section 126.
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