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Privacy is a very delicate issue from the perspective of criminal (procedural) law. For their investigative activities, state authorities are granted various rights which interfere with the privacy of the individual.
A prominent example is the possibility for state authorities to conduct house searches. Such house searches might take place not only at private homes, but also in the office buildings or factory sites of enterprises. When an enterprise is the target of the house search, it is the privacy of the enterprise which is at stake. In all instances, it is of utmost importance to minimise the detrimental effect of a house search. We have compiled a list of important do's and don'ts.
Another intricate issue from the perspective of criminal law and privacy is the recording of conversations. Many questions are still unresolved from a legal perspective. See more on that in our fictional interview...
Prosecution authorities have become more active over the past few years. House searches are no longer fantasy, but a stark reality. So what to do when the prosecutor comes knocking on your door? Some of the most important measures are outlined below from an Austrian law perspective. Some issues may have to be handled differently depending on your jurisdiction, so always consult your lawyer!
Plan what to do beforehand, so that if the prosecutor indeed comes knocking you will be prepared!
Michael
Lindtner
Attorney at Law
austria vienna