CrimPC Art. 261 - Retention and use of identifying documents

Einleitung zur Rechtsnorm CrimPC:

Art. 261 CrimPC from 2023

Art. 261 Retention and use of identifying documents

¹ Documents that identify the accused may be retained outside the case file for the following periods and, in the event of a reasonable suspicion that a new offence has been committed may also be used:

² If it is anticipated in a case under paragraph 1 letter b due to certain matters that documents identifying the accused could be used in the investigation of future offences, they may be retained and used with the consent of the director of proceedings for a maximum of 10 years from when the decision becomes legally binding.

³ Documents identifying persons other than the accused must be destroyed as soon as the proceedings against the accused have been concluded or abandoned or it has been decided not to bring proceedings.

⁴ If it becomes clear before the expiry of the time limits under paragraphs 1–3 that there is no longer any interest in retaining or using the identifying documents, they shall be destroyed.