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Section 100b
Covert remote search of information technology systems
(1) Technical means may be used even without the knowledge of the person
concerned to gain covert access to an information technology system used by the
person concerned and to extract data from that system (
‘covert remote search of
information technology systems
’) if
1.
certain facts give rise to the suspicion that a person has, either as an
offender or participant, committed an especially serious crime as referred to
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Page 41 of 220
in subsection (2) or, in cases where there is criminal liability for attempt, has
attempted to commit such an offence,
2.
the offence is one of particular severity in the individual case as well and
3.
other means of establishing the facts or determ
ining the accused’s
whereabouts would be significantly more difficult or offer no prospect of
success.
(2) Particularly serious crimes within the meaning of subsection (1) no. 1 shall be
1.
under the Criminal Code:
a) offences of high treason, endangering the democratic state under the rule
of law, treason and endangering external security under sections 81, 82,
89a, section 89c (1) to (4), under section 94, section 95 (3) and section
96 (1), in each case also in conjunction with section 97b, as well as under
section 97a, section 98 (1) sentence 2, section 99 (2), section 100 and
section 100a (4),
b) forming criminal organisations under section 129 (1) in conjunction with
subsection (5) sentence 3 and forming terrorist organisations under
section 129a (1), (2) and (4) and (5) sentence 1 alternative 1, in each
case also in conjunction with section 129b (1),
c)
counterfeiting of money and official stamps under sections 146 and 151,
in each case also in conjunction with section 152, as well as under
section 152a (3) and section 152b (1) to (4),
d) crimes against sexual self-determination in the cases under section 176a
(2) no. 2 or (3) and, under the conditions of section 177 (6) sentence 2
no. 2, in the cases under section 177,
e) dissemination, procurement and possession of child pornography in the
cases under section 184b (2),
f)
murder under specific aggravating circumstances and murder under
sections 211 and 212,
g) offences against personal liberty under section 234, section 234a (1) and
(2), sections 239a and 239b and human trafficking under section 232 (3),
forced prostitution and forced labour under section 232a (3) and (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,
h) gang theft under section 244 (1) no. 2 and aggravated gang theft under
section 244a,
i)
aggravated robbery and robbery resulting in death under section 250 (1)
or (2) and section 251,
j)
extortion with use of force and threats under section 255 and an
especially serious case of extortion under section 253 under the
conditions of section 253 (4) sentence 2,
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k)
commercial handling of stolen goods, handling as a member of a gang
and commercial handling as a member of a gang under sections 260 and
260a,
l)
an especially serious case of money laundering or concealing unlawfully
acquired assets under section 261 under the conditions of section 261 (4)
sentence 2; if criminal liability is based on the fact that impunity pursuant
to section 261 (9) sentence 2 is ruled out under section 261 (9) sentence
3, then only where the object is derived from one of the especially serious
crimes referred to in nos. 1 to 7,
(m) an especially serious case of taking and giving of a bribe under section
335 (1) under the conditions of section 335 (2) nos. 1 to 3;
2.
under the Asylum Act:
a) inducement to submit fraudulent applications for asylum under section 84
(3),
b) commercial and organised incitement to submit fraudulent applications for
asylum under section 84a (1);
3.
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;
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 and (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 War Weapons Control Act:
a) an offence under section 19 (2) or section 20 (1), in each case also in
conjunction with section 21;
b) an especially serious case of an offence under section 22a (1) in
conjunction with (2);
6.
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
;
7.
under the Weapons Act:
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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 measure may be directed only against the accused. Interference with the
information technology systems of other persons shall be permissible only where it
is to be assumed, on the basis of certain facts, that
1.
the accused designated in the order made pursuant to section 100e (3) uses
the other person’s information technology systems and
2.
the interference with the accused’s information technology systems alone
will not lead to the establishment of the facts or to the determination of the
whereabouts of a co-accused.
The measure may be taken even if it unavoidably affects other persons.
(4) Section 100a (5) and (6) shall apply accordingly, with the exception of (5)
sentence 1 no. 1.
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