After a raid, my PC, laptop and smartphones were confiscated.
The PC and a smartphone are financed in installments. Can I bill the state for the monthly payments?
In the end, I'm still paying for something that I can no longer use!
Is there also a way to get the data from my laptop or to get it back faster, because all my university documents are there on the hard drive and I depend on them.
You are welcome to try all of this, but you will not really succeed.
There was no judgment?
The seizure could be illegal.
You should request the return.
Has the criminal case been concluded?
If you had paid for the equipment in cash, it would have been confiscated. Do you then think you would have received compensation for the loss of use?
If you operate illegally on the Internet, you have to expect it. And if you haven't backed up your university stuff externally, that's just bad luck.
Who said I was on the internet illegally?
You can also leave your unnecessary speculations.
This forum serves to enlighten people who are inexperienced or ignorant in certain topics and areas and not to make would-be moral apostles.
No, no judgment yet.
My devices were confiscated as a possible preservation of evidence for another criminal case.
You can request the return. You can also ask whether they can simply copy the data from the hard drive and send the computer back to you, as the data is usually what matters.
And if the seizure is found unlawful by a court, you can get your installments paid too.
The OLG Munich has calculated a decision of 177 euro for 77 days. https://blog.burhoff.de/2010/07/4891/
They compared the price to how much it costs to rent a computer, and then 40% of that.
Finally a person who can give me a useful answer.
How do you get the idea of being compensated by the state when you are accused of having committed criminal offenses?
The stuff was not confiscated for fun, it probably needs a court order.
Perhaps later the judge will be lenient and withdraw the withdrawal from the sentence? 🙄
My answer: No, of course you will not get any replacement / compensation.
This represents my personal opinion on the subject and not legal advice.
To 1) you can bill the state for this. NO, because a confiscation does not mean a loss of property.
The seizure takes place in the context of the preservation of evidence / evidence should be shown in a later judgment or the investigation that any allegations were wrong and the investigation did not go well in advance, so that a seizure could have been avoided, then you could possibly A claim for damages may apply to a loan device.
Otherwise, it depends on the investigation and, if applicable, the judgment whether you will get the devices back.
2) Can you get the devices back faster?
Probably not, you can at most ask your lawyer to obtain the most important data for you, possibly in the course of a file inspection or upon request
What do you have to do with it? Are you a suspect or a witness?
Whereby, the court ruling also states that she was only compensated for the one desktop PC and not for the laptop that the police also collected, because an internet-enabled computer is enough.
Then the court had to decide how much you got out of it.
Oh, so every defendant is guilty? How do you come to believe that he is the defendant in the trial?
Many Thanks!
If you operate illegally on the Internet, you have to expect it.
So you know the case exactly, you know about everything and there's already a judgment that you know?
Accused because I knew about the crime but didn't report anything. 🤷🏻♂️
. When accused of having committed criminal offenses
Where do I say something about guilty. The requirements for a seizure were first met…
The judge in charge probably recognized a necessity.
But something like this can still be found unlawful in retrospect.
It would be bad if the person concerned had no way to defend himself.
If you did not agree to the seizure during the house search, you can take action afterwards. If you have agreed, you are of course unlucky.
Ever heard of "preserving evidence"?
Clear.
And according to § 2 StrEG, a person is entitled to compensation if this has caused damage and he is not guilty…
Loss of use is also a detriment.
Yes, you can assert it AFTER nothing was found on your computer.
Yes of course. That should be clear.
If they were rightly confiscated for committing a crime, of course not.
Here in Germany we're initially assuming innocence. Accordingly, I do that too.
What was the charge? Avoiding punishment Accusation of the public prosecutor's office or court, or do the police mean what?
Of course you can - under civil law, at YOUR expense. If a criminal offense is suspected, there's no financial aid from the state.
Chances of success - practically = 0.
Naturally. In § 2 StrEG it says that the state compensates you from the state treasury.
It often happens that you are compensated, also very often with cars.
You are welcome to assume innocence, but you should not put fleas in the ears of the FS.
A seizure does not happen out of boredom - the police and courts are concentrating on important cases due to the current overload.
You just said something about "Where do I say something about guilty"
Do you think he's innocent or guilty now?
Of course, if he is guilty, he can't count on any compensation.
Where did I say something else - but only AFTER the determination of innocence.
The FS wants IMMEDIATELY!
Do you think he's innocent or guilty now?
What I BELIEVE does NOT matter - what YOU believe neither.
The FS is ONLY entitled to compensation if guilt Can't be proven.
I don't read anywhere immediately.
He wants his things back faster, which can often be achieved by demanding the surrender (otherwise they often take a lot of time), and he wants compensation that can be received afterwards.
Yes, it goes without saying that he has no claim as the guilty party?
He wants his things back faster
He will ONLY get his property back when the investigation is complete. Only when it has been unequivocally clarified that he is disrespectful is he entitled to SE.
Say, text understanding isn't your thing, is it.
No, that's nonsense.
The police can copy the data from the hard drive and then send the computer back. You don't need the computer for the investigation.
Your thing probably not either…
What the police regulate and how is NOT your business.
But… According to the law, you can only ensure what is necessary for the investigation, and only for as long as necessary.
Germany is a constitutional state. I'm very much concerned with how the executive works.
As I said, they can't just collect everything happily.
YOU Can't judge what is actually necessary for the investigation. The judge has approved this - so the investigative authority is on the safe side.
Why? - because YOU do NOT know the case.
This is exactly what the police can do if the initial suspicion is sufficient, and otherwise there would be no search warrant at all. And it is NOT enough to copy the hard drive.
Yes and neither do you…
Accordingly, the person asking the question should simply request the return, it can't do any harm, and it is often faster then.
He can do what he wants…
and then it often goes faster.
Nope. It takes as long as the suspicion allows. ** yawns **
That depends on the individual case
E.g. Here, 750 GByte hard drive was confiscated, the court says the police should have copied it within 3 working days and had to return it.
So if there are no indications that the laptop has any other value in the investigation than the data, a long seizure would hardly be proportionate.
https://www.itespresso.de/2012/06/15/polizei-darf-beschlagnahmte-festplatten-nicht-langer-als-notig-behalten/
And how do you know WHAT is stored on this laptop? It can also have been technically manipulated. You can only tell if you examine it professionally.
You write complete nonsense, everything made up.
The police must act in accordance with proportionality. It is not proportionate to keep a laptop for months when you just had to copy the data.
You would be surprised. Sometimes the police keep evidence for months, then you demand it and you have it in 3 days…
Here a court says, for example, that securing a hard drive for more than 3 days is disproportionate.
https://www.itespresso.de/2012/06/15/polizei-darf-beschlagnahmte-festplatten-nicht-langer-als-notig-behalten/
Unfortunately, this is technically nonsense. You can clone hard drives 1: 1 from one to another. If there's any hidden data, it can still be found on the cloned disk.
You transfer all data, no matter how hidden, encrypted or whatever.
Again - you are NOT familiar with the case! You have ZERO idea what the FS is about.
The specific duration of the seizure depends on the circumstances of the individual case.
From your link.
So please.
Yes I know. I never said anything else.
That is exactly why the questioner should demand the surrender. Often it goes faster, but it definitely doesn't get any slower.
Of course, that doesn't guarantee that he'll get it straight away or something like that, but it's important, especially if he wants to take action against it again later in court.
If you don't ask for it to be released, they can keep it for years. And unfortunately that happens.
In your link, the PC was the livelihood of the accused, he earned his money with it.
The fact that FS can only afford the stuff in installments is NOT the problem for the authorities.
Apples with pears.
This is nonsense again. Even if you use the PC privately, that's a shame.
https://openjur.de/u/482307.html
The person here, for example, received benefits according to SGB II (so probably Hartz 4), but still received compensation for the confiscated computer.
If she has received compensation, it means that she has suffered damage. The questioner also suffered damage, which the police must try to avoid.
Well, imagine the police are standing at your door with a search warrant and collect everything from your smartphone, pc, etc.
A year later, it turns out that someone else was impersonating you, you are completely the wrong person.
Surely you'd also want an early return and compensation, am I right?
And luckily you should get that too.
Germany is a constitutional state, the police can't do what they want here. It should work here so that the police copied the data from the computer, sent it back to you a week (or so) later, and then after you are innocent you will be compensated for the damage.
Yes, if the devices or the data on them are only used to preserve evidence, then mirroring is sufficient and back with it.
But: If there's a suspicion that something illegal was done with the devices (for example, fraud, dating crimes or something else), then they would be a criminal offense. And the means of the crime can be confiscated by the court through the verdict, which is quasi an expropriation. As I said, this can only be decided at the end of the procedure. And if there's a prospect of confiscation, the devices will remain in the custody of the authorities that long.
If there's, already foreseeable, no reason at all for a possible confiscation, a claim for damages would theoretically be conceivable.
All of this, including the amount of the claim, would have to be quantified and demanded with the help of a lawyer.
But it would be worth trying to write to the public prosecutor's office and demand the devices back now. You can write that these have not yet been paid and there are running costs without the possibility of using them.
Then the public prosecutor's office has to react, and you can see from the answer whether the application for confiscation is even planned. Then you can still decide what you want to do, e.g. Hire a lawyer.
Yes, of course you're right.
Good to read not just complete nonsense here.
Merci.
It's actually pretty simple to ask in writing, then you will get a written answer, and then you plan the next step.
