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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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