|
Art. 36 Search for convicted persons
1 Outside criminal proceedings, the competent authority may order surveillance of post and telecommunications in order to find a person on whom a legally binding and enforceable custodial sentence or custodial measure has been imposed, provided the previous search measures have been unsuccessful or if a search would be futile or would be disproportionately difficult in the absence of surveillance. 2 The competent authority may employ technical equipment in accordance with Article 269bis CrimPC44 and computer programs pursuant to Article 269terCrimPC, provided the previous measures for telecommunications surveillance pursuant to Article 269 CrimPC have been unsuccessful, or the search using these measures would be futile or disproportionately difficult. It shall produce statistics on surveillance in accordance with Article 269bis and 269ter CrimPC. 3 It may also inspect data on third parties, provided the requirements of Article 270 CrimPC are met mutatis mutandis. |