Federal Malware Ruling
am 06.02.2007 von http://www.recht.us/amlawCK - Washington. The federal malware ruling that makes the press today is published at the German Supreme Court web site for the matter StB 18/06, together with its press release 17/2007, both in German. In essence, the court ruled that secret searches, such as searches of content on computers through spying software, are only permitted, if at all, as carefully guarded exceptions to the general rules of criminal procedure. They require the highest scrutiny. The …
Inviolability of Law Offices
German American Law Journal :: American Edition / CK - Washington. Searches of, and seizures in, law offices require enhanced constitutional scrutiny, the German Constitutional Supreme Court in Karlsruhe decided. In its press release of May 29, 2008, the court emphasizes the general inviolab…
Introducing Documents
German American Law Journal :: American Edition / CK - Washington. In criminal matters, courts may consider documents properly introduced into a trial even if they have not been read into the record but the Supreme Constitutional Court in Karlsruhe established some limits in its ruling of Ja…
Police to Police PCs
German American Law Journal :: American Edition / CK - Washington. In its press release no. 82/2007, the Supreme Constitutional Court of Germany in Karlsruhe announces the hearing of October 10, 2007 in the matters 1 BvR 370/07 and 1 BvR 595/07 on the constitutionality of the governments use…
Jail for Incest Deferred
German American Law Journal :: American Edition / CK - Washington. The federal constitutional court in Karlsruhe is to rule on the issue of the criminal prohibition of incest and its compatibility with the constitution. In a preliminary decision of March 1, 2007, the court decided against gra…
Remedy Effectively Waived
German American Law Journal :: American Edition / CK - Washington. A criminal defendant can effectively waive all rights to an appeal and is then barred from a review by the Supreme Court in Karlsruhe, that court decided in the matter 2 StR 533/07 on December 6, 2007 in applying §349(I)…
Covert PC Spies and Privacy
German American Law Journal :: American Edition / CK - Washington. Plans for covert PC inspections by means of government-sponsored virus programs or spyware do not comply with constitutional standards in Germany, the Supreme Court for Criminal Matters in Karlsruhe had determined in the matt…
Adversarial Hearing
German American Law Journal :: American Edition / CK - Washington. The Federal Supreme Court in Karlsruhe applied the rules of the Human Rights Convention to German criminal procedure in lifting a criminal conviction based on a non-adversarial interrogation of a witness. In an investigative…
German Federal Constitutional Court decision in English/Bundesverfassungsgericht Entscheidung auf Englisch
Transblawg / The decision of the Federal Constitutional Court of 14th October 2004, which was widely commented on in the press - it deals with how far German courts are obliged to enforce decisions of the European Court of Human Rights -...…
Royalties on Printers
German American Law Journal :: American Edition / CK - Washington. In 2001, the German Supreme Court in Karlsruhe, Bundesgerichtshof, ruled in favor of copyright royalties payable on scanners, and the revised copyright act extends the payment obligation to printing euqipment and other gear s…
Criminal Cooperation Germany - USA
German American Law Journal :: American Edition / CK - Washington. German attorney general Brigitte Zypries published a press release of a meeting she and her colleague Schäuble, Secretary of the Interior, had on March 11, 2008 with the American federal attorney general, Michael Mukasey…
U.S. Complaint to be Served
German American Law Journal :: American Edition / CK - Washington. On January 24, 2007, the federal supreme court for constitutional matters, Bundesverfassungsgericht, in Karlsruhe decided that the service of process of an American complaint would not raise constitutional issues despite an $1…
Seizing Client Data From Lawyers
German American Law Journal :: American Edition / CK - Washington. In the course of a criminal investigation, the police may not search and seize all the data-storing equipment of a suspect, the German Federal Constitution Court in Karlsruhe decided on April 12, 2005, according to its press r…
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