Search of business premises: the first few hours

A search of business premises is an exceptional situation in which decisions are made within a short space of time that shape the whole of the proceedings.

What to clarify at the outset

Ask for the written order and read what it covers: which premises, which documents, which allegation. Its scope limits the measure. Keep a record of who is present and what is taken away; a record of your own is of great use later. Notify legal representation immediately; as a rule the search cannot be made to wait indefinitely for them to arrive. Notifying them, however, is always possible.

Data carriers and professional secrecy

With servers, laptops and mailboxes, the question regularly arises whether documents are subject to professional secrecy or may not be reviewed for other reasons. The instrument for raising it is an objection. It must be raised when the items are seized. The data concerned is secured against inspection and deposited with the court; review takes place only after a court decision. The court then requests the person concerned, within a period of at least 14 days, to designate specifically the parts covered by professional secrecy. Anyone who misses the objection or the designation has the data added to the file and reviewed (§ 112 Abs 2 StPO). Since 1 January 2025 the seizure of data carriers and data also requires a court authorisation specifying the categories of data and the period covered; review is limited to that scope (§§ 115f to 115h StPO).

Towards employees

The accused are not obliged to make a statement. Witnesses generally are, although they may have a right to refuse to testify. A brief, factual briefing for staff prevents information being given out of a wish to help that no one had the chance to check. A prepared internal set of instructions saves time and avoids mistaken decisions when a search actually takes place.