Telekommunikationsüberwachung

The suspicion of being monitored is unsettling. Conspicuous references in the file or a later notification from the prosecuting authorities – many clients ask themselves whether their telecommunications are being monitored and what they can do now. Here are the key answers.

When is telecommunications surveillance permitted?

The surveillance of telecommunications is only permitted under narrow conditions (section 100a StPO). It requires the suspicion of a particularly serious offence from the statutory catalogue – for example murder, aggravated gang theft, trafficking in narcotics in more than a small quantity, money laundering or certain economic and state-security offences. In addition, there must be a suspicion based on specific facts, the seriousness of the offence in the individual case, and subsidiarity: the surveillance must be necessary because investigating by other means would otherwise be considerably more difficult or futile. Surveillance is, as a rule, ordered by the court.

How can surveillance be carried out?

Possible measures include the classic monitoring of ongoing telephone and internet connections, so-called source telecommunications surveillance, in which encrypted communication is read directly on the device before encryption, and – under even stricter conditions – online searches (section 100b StPO). There are also cell-site queries and the collection of traffic and subscriber data. Which measure was used only becomes apparent from the investigation file.

Why am I being monitored?

Telecommunications surveillance presupposes the suspicion of a catalogue offence. Those affected often only learn of the surveillance once the proceedings have progressed – either through the subsequent notification required by law after the measure has ended (section 101 StPO), or through the defence lawyer's access to the file. Only the file reveals who was monitored, when and why, and whether the measure was lawful.

What should I do now?

Do not conduct any incriminating conversations and do not send any incriminating messages – neither by telephone nor via messenger. Do not rely on encryption alone: source surveillance can bypass encrypted communication by operating directly on the device. Exercise your right to remain silent and do not make any premature statements. We apply for access to the file, examine the lawfulness of the surveillance and its admissibility, and develop your defence on this basis. Unlawfully obtained findings may be subject to a prohibition on their use.

Do you feel you are being monitored, or have you been notified of surveillance? Talk to us – we will review your situation confidentially.

This article provides general information and does not replace advice in an individual case.

Telecommunications surveillance: classification

Requirements (§§ 100a ff. StPO)

Surveillance of telecommunications requires the suspicion of a serious catalogue offence, a corresponding evidential basis and necessity. As a rule it is subject to a judicial order.

Notification and file access

After the measure is completed, those affected must in principle be notified (§ 101 StPO). Through file access we examine whether the order was lawful and the findings are admissible.

Defence and admissibility

We review the order, compliance with the requirements and the treatment of chance findings – unlawful measures can lead to bans on using the evidence.

Note: This information is general and does not replace advice in an individual case.

This information does not replace a review of the individual case. In criminal proceedings, the defence strategy depends substantially on the case file, the specific allegation and the evidence.