1 The following items may not be seized irrespective of their location and of when they were created:
a.
documents used in communications between the accused and his or her defence lawyer;
b.
personal records and correspondence belonging to the accused if the interest in protecting his or her privacy outweighs the interest in prosecution;
items and documents used in communications between the accused and persons who may refuse to testify in accordance with Articles 170–173 and who are not accused of an offence relating to the same case;
items and documents used in communications between another person and his or her lawyer provided the lawyer is entitled to represent clients before Swiss courts in accordance with the Lawyers Act of 23 June 200081 and is not accused an offence relating to the same case.
2 The restrictions in accordance with paragraph 1 do not apply to items and assets that must be seized with a view to their return to the person suffering harm or their forfeiture.
3 If an entitled person claims that a seizure of items or assets is not permitted on the grounds of a right to refuse to make a statement or testify or for other reasons, the criminal justice authorities shall proceed in accordance with the regulations on the sealing of evidence.
79 Amended by No I 6 of the FA of 28 Sept. 2012 on the Amendment of Procedural Provisions on Professional Confidentiality for Lawyers, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181).
80 Inserted by No I 6 of the FA of 28 Sept. 2012 on the Amendment of Procedural Provisions on Professional Confidentiality for Lawyers, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181).