Arrêt de Chambre d'accusation, 19 mai 1982
Conférencier | Publié |
Date de Résolution | 19 mai 1982 |
Source | Chambre d'accusation |
Chapeau
108 IV 76
19. Auszug aus dem Urteil der Anklagekammer vom 19. Mai 1982 i.S. Generaldirektion PTT gegen J.
Regeste
Art. 50 al. 1 et 3 DPA. Perquisition visant des papiers. D'autres supports d'informations sont assimilables aux "papiers" au sens de l'art. 50 DPA (par ex. les films, les bandes d'enregistrement).
Extrait des considérants: à partir de page 75
BGE 108 IV 76 S. 75
Aus den Erwägungen:
1. Nach Art. 50 VStrR sind Papiere mit grösster Schonung der Privatgeheimnisse zu durchsuchen; insbesondere sollen sie nur dann durchsucht werden, wenn anzunehmen ist, dass sich Schriften darunter befinden, die für die Untersuchung von Bedeutung sind (Abs. 1). Erhebt der Inhaber der Papiere gegen die Durchsuchung Einsprache, so werden sie versiegelt und verwahrt, und es entscheidet die Anklagekammer des Bundesgerichts über die Zulässigkeit der Durchsuchung (Abs. 3).
Diese Bestimmungen sprechen ausdrücklich nur von Papieren, deren Versiegelung der Inhaber zum Schutz seiner Privatgeheimnisse...
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