Paper records from the investigation file: how to recover the original or a copy

A seizure under section 110 StPO can concern physical objects that are needed as evidence or whose availability must be secured for another statutory purpose. In the case of paper, this may include signed contracts, invoices, receipts, business books or handwritten notes. A precise description matters for a later request for return.

Keep the confirmation listing the seized items. Record the file number, date of the measure, description, number of pages and visible original features. A request for “all documents” makes identification harder. Name each document or a clearly defined group of documents.

The return of a paper document is different from access to the investigation file. File access concerns the procedural file as a whole. Return concerns possession of a specific physical item. Both requests may arise together, but they have different purposes and reasoning.

The evidence purpose is central. If a recording or a copy of written records secures the relevant content, a seizure for evidentiary reasons must be lifted on request. An exception remains where the original itself is expected to be inspected at the main hearing. That depends on the precise evidentiary question and the nature of the document.

A copy can preserve the content while the physical original may still have evidentiary significance. This can matter for handwritten additions, visible alterations, signatures, stamps or traces. The request should address these features and explain why a copy is sufficient or why the original is required.

Describe the copy you need precisely. State the pages, document title and intended use. A readable copy and a certified copy serve different practical purposes. Say expressly which form you seek.

Address the request to the authority responsible for deciding on continued custody and return. Include the file number, the person concerned, the document and the specific relief sought. Add the date of seizure and refer to the confirmation or minutes.

Explain why the evidence purpose has ended or can be met by a copy. If you offer a replacement copy, state who will produce it and which features will remain visible. If the original is needed for civil, tax or administrative proceedings, explain the need briefly and provide supporting material where possible.

Ask for a reasoned decision if the record is not returned at once. Keep the request, attachments and response together. This makes it possible to determine whether the authority assessed the request or merely referred generally to the ongoing investigation.

Section 113 StPO requires the seizure to be reviewed as the proceedings develop. The criminal police must generally report each seizure to the public prosecutor without delay and at the latest within 14 days, unless a seizure under section 110 para. 3 is lifted earlier because its requirements are absent or have ended. For a seizure under section 109 no. 1 lit. b, the public prosecutor must promptly apply for judicial confiscation or order the seizure lifted when the requirements are absent or have ended.

For paper records, clarify the legal basis on which custody continues and whether the specific evidence purpose remains. A delay in processing does not answer that question. Depending on the measure and the procedural position, legal remedies against the specific infringement may be available.

For a legal assessment, collect the seizure confirmation, the request for return, the authority’s response and information about the current proceedings. These documents show whether return, a copy, a judicial decision or continued preservation of evidence is the appropriate next step.