Die Nutzung zu Beweiszwecken nicht verwendbarer Zufallserkenntnisse im strafprozessualen Ermittlungsverfahren

The study considers the regulations in §§ 161 II 1, 477 II 2 StPO. These regulations only allow the use of accidental discoveries as evidence in an investigation process if the primary investigative measure could hypothetically be disposed of in the new investigation. The key question of this study is to what extent the prohibition on using accidental discovery for evidence influences the use of that information for compulsory measures like searches and pre-trial custody. As far as the accidental information may be considered to substantiate the suspicion of having committed a crime, it is necessary to take into account the higher interference of the compulsory measure with the constitutional rights.