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taken by the court before which the proceedings are pending or which would be
competent to hear the main proceedings.
(2) Acts by defence counsel prior to his rejection shall not be ineffective merely on
account of the conditions of section 137 (1) sentence 2 or of section 146 being met.
Section 147
Right to inspect files, right of inspection; accused’s right to information
(1) Defence counsel shall be authorised to inspect those files which are available to
the court or which would have to be submitted to the court if charges
were preferred
as well as to view items of evidence in official custody.
(2) If the fact that the investigations have been concluded has not yet been recorded
in the file, defence counsel may be refused inspection of the files
or of individual
parts of the files as well as the viewing of items of evidence in official custody insofar
as this may jeopardise the purpose of the investigation. If the conditions of sentence
1 are met and if the accused is in remand detention or if, in the case of provisional
arrest, this has been requested, information of relevance for the assessment of the
lawfulness of such deprivation of liberty shall be made available
to defence counsel
in suitable form; to this extent, as a rule, inspection of the files shall be granted.
(3) At no stage of the proceedings may defence counsel be refused inspection of
records drawn up of the examination of the accused or of such judicial investigatory
acts to which defence counsel was or should have been admitted, nor may he be
refused inspection of expert opinions.
(4) An accused who has no defence counsel shall be authorised, applying
subsections (1) to (3) accordingly, to
inspect the files and to view, under supervision,
items of evidence in official custody insofar as the purpose of the investigation even
in other criminal proceedings cannot be endangered thereby and the overriding
interests of third parties meriting protection do not constitute an obstacle thereto. If
the files are not kept in electronic form, instead of granting inspection of the files,
copies of the files may be made available to the accused.
(5) The public prosecution office shall decide whether to grant inspection of the files
in preparatory proceedings and after final conclusion of the proceedings; in all other
cases, the presiding judge of the court seized of the case shall be competent to
decide. If the public prosecution office refuses inspection of the files after noting the
termination of the investigations in the file, if it refuses inspection pursuant to
subsection (3) or if the accused
is not at liberty, a decision by the court competent
pursuant to section 162 may be applied for. Sections 297 to 300, 302, 306 to 309,
311a and 473a shall apply accordingly. These decisions shall be given without
reasons if their disclosure might jeopardise the purpose of the investigation.
(6) If the reason for refusing inspection of the files has not already ceased to exist,
the public prosecution office shall revoke the order no later than upon conclusion of
the investigations. Defence counsel or an accused who has no defence counsel
shall be notified as soon as he once again has the unrestricted right to inspect the
files.
(7) (repealed)
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