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Part 7 · Powers and Procedure › Section 26

Confiscation

(1) The Digital Services Coordinator or the authorities competent under section 12(2), first sentence and (3) may confiscate objects that may be significant as evidence for the investigation. The confiscation must be notified without delay to those affected by it. The Digital Services Coordinator or the authorities competent under section 12(2), first sentence and (3) must, within three days, apply for judicial confirmation from the Local Court in whose district the confiscation took place, where at the time of the confiscation 1. neither the person affected by it nor an adult relative of that person was present, or 2. the affected person, or, in the case of that person's absence, an adult relative of that person, has expressly objected to the confiscation.
(2) The affected person may apply for a judicial decision at any time. They must be advised of this. The court competent under paragraph 1, third sentence decides on the application. An appeal (Beschwerde) lies against the judicial decision. Sections 306 to 310 and section 311a of the Code of Criminal Procedure apply accordingly.

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