Section 109 of the Code of Criminal Procedure (StPO) contains the binding legal definitions for central coercive measures in criminal proceedings. The norm specifies exactly what is to be understood by seizure, confiscation, confiscation of data carriers and data, processing of data, as well as information from the account register and on bank accounts and banking transactions.

These terms determine the legal limits of state intervention into property, assets, digital data, and financial relationships. Every measure must strictly adhere to these definitions. Otherwise, it is unlawful.

Seizure

According to Section 109 Item 1 StPO, seizure means:

1. The provisional establishment of the power of disposal over objects, assets, or data.
2. The provisional prohibition of disclosure to third parties as well as the prohibition of sale or pledging.

The measure is designed to be provisional. It serves to secure evidence or assets, for example, for later forfeiture or skimming of profits. The power of disposal effectively passes to the investigative authority, but ownership generally remains intact.

Seizure can also include a so-called third-party prohibition. This prevents assets from being transferred to third parties and thereby being removed from access.

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Assets

The term assets is explicitly defined in a comprehensive manner. It covers assets of any kind, regardless of their form.

It includes:

• tangible and intangible assets
• movable and immovable property
• proprietary rights
• crypto assets
• documents of any form evidencing a right to such assets or rights therein

This covers classic items as well as claims, participations, digital assets, or tokenized values. The definition does not exclude any modern form of asset.

Confiscation

According to Section 109 Item 2 StPO, confiscation is:

1. A judicial decision to establish or continue a seizure.
2. A judicial prohibition on the sale, encumbrance, or pledging of real estate or rights entered in a public register.

Confiscation is therefore always tied to a judicial order. It intensifies the intervention and gives it formal legal force.

While seizure has a factual effect, confiscation is a legally secured and judicially controlled measure.

Confiscation of Data Carriers and Data

The confiscation of data carriers and data is regulated independently and requires a judicial decision.

This includes:

• data carriers and the data stored on them
• data at other storage locations, provided it can be accessed from a data carrier
• data that was previously seized

The sole purpose is the evaluation of data. The measure may only relate to those data categories and time periods specifically determined in the court order.

This definition prevents blanket or limitless data evaluation.

Processing of Data

The processing of data is a technical measure carried out for evidentiary reasons. It also includes the recovery of deleted data.

The legal limitation is decisive: the processing must be restricted to those data categories and time periods specified in the judicial decision. Any exceeding of this violates the legal framework.

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Original Backup

The original backup is a copy of the original data set obtained using forensic security mechanisms.

It serves to ensure integrity. The original remains unchanged while work is carried out on the basis of the backup.

Working Copy

The working copy is a copy of the original backup. The actual data processing takes place using this copy.

This separation between the original and the working basis is essential because it prevents manipulation and ensures the traceability of the preservation of evidence.

Result of Data Processing

The result of data processing is the data set that corresponds exactly to the judicial decision.

It may:

• only contain the specifically authorized data categories
• only cover the defined period

Any further data collection would be legally inadmissible.

Information from the Account Register

Account Register and Account Inspection Act

Information from the account register means the query and transmission of data from the legally maintained account register pursuant to Sections 2 and 4 of the Account Register and Account Inspection Act.

It provides information on whether a person maintains accounts or deposits with certain credit or financial institutions. It does not include full bank statements, but rather structural information about existing business relationships.

Information on Bank Accounts and Banking Transactions

Information on bank accounts and banking transactions goes significantly further.

It includes:

• the identity of the holder of a business relationship
• information on authorization to dispose
• inspection of documents and other records of a credit or financial institution
• details on the type and scope of the business relationship
• business transactions and other business events for a specific past or future period

This measure opens up a comprehensive insight into the financial sphere. It is therefore subject to strict legal requirements.

Systematic Classification as a Definitional Norm

Section 109 StPO is a purely definitional norm. It does not order any measure itself, but rather determines the conceptual framework.

This is precisely why it is central. Every seizure, every confiscation, and every account query must move exactly within these definitions in terms of content. If the legal framework is exceeded, it constitutes an unlawful intervention that can be challenged through legal remedies.

Your Benefits with Legal Assistance

Specialized criminal defense precisely examines:

• whether the measure actually falls under the definition of Section 109 StPO
• whether the court order is sufficiently specific in terms of content
• whether data or assets were recorded beyond the authorized scope
• whether legal remedies or applications for annulment are promising

Investigative proceedings regularly involve significant assets, sensitive data, and questions of entrepreneurial existence. Consistent legal monitoring ensures that state interventions do not go beyond what is legally permissible.

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FAQ – Frequently Asked Questions