1 If in the course of surveillance operations offences other than those specified in the surveillance order come to light, these findings may be used against the accused provided surveillance would have been permitted in the investigation of the offences concerned.
1bis If offences come to light during surveillance operations in terms of Articles 35 and 36 SPTA121, the findings may be used subject to the requirements specified in paragraphs 2 and 3.122
2 Findings relating to offences committed by a person who is not named as a suspect in the surveillance order may be used if the requirements for the surveillance of this person are fulfilled.
3 In cases under paragraphs 1, 1bis and 2, the public prosecutor shall order surveillance immediately and begin the authorisation procedure.123
4 Records that may not be used as accidental finds must be stored separately from the case documents and destroyed on conclusion of the proceedings.
5 Any findings made in a surveillance operation may be used to trace wanted persons.
121 SR 780.1
122 Inserted by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010 (AS 2010 3267; BBl 2008 8125). Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683).
123 Amended by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).