When conducting a house search or personal search, only the objects and/or documents related to the purpose of the search may be seized. The objects and/or documents seized shall be entered in the record and described in detail. If during a house search or personal search objects are found that are not related to the criminal offence that prompted the search but point to another criminal offence prosecutable ex officio, such objects shall also be described in the record and seized. The state prosecutor shall be immediately notified thereof in order to start criminal prosecution.
Objects that must be confiscated under the criminal law or may serve as evidence in criminal proceedings shall be confiscated and delivered to the court for safekeeping, or shall be safeguarded in some other manner. Whoever possesses such objects must hand them over at the request of the police, the state prosecutor or the court. In confiscating the objects, it shall be indicated where they have been found and their description shall be provided, and, if necessary, their identity shall also be safeguarded in some other way. A record on the confiscated objects shall be issued. The state prosecutor and the defence counsel may be present during the search of premises.
Special provisions apply to the seizure of items from a lawyer, lawyer candidate or lawyer trainee.
The investigating judge may order that postal, telegraphic and other organisations engaging in the transmission of information should withhold and deliver to the investigating judge the letters, telegrams and other shipments addressed to the accused person or sent by the accused person against the acknowledgement of receipt, if circumstances exist due to which it might reasonably be expected that these items of correspondence will be evidence in the proceedings. The investigating judge shall open the delivered items of correspondence in the presence of two witnesses.
If the perpetrator of a criminal offence is unknown, the authorised state prosecutor may propose to the investigating judge to perform particular investigative acts which, in view of the circumstances of the case, it would be expedient to perform before opening the investigation.