Code of Conduct during Searches

1. Inform the management; telephone surveillance is possible, so do not make any sensitive phone calls.

2. Call your lawyer; ask the investigating officers to wait until the lawyer arrives.

3. Have the investigating officers shown to a meeting room and ask them to wait there for the management.

4. Ask for the search warrant to be handed over and check it; if there is no written search warrant, ask for the reasons for the search to be explained and record them; in searches under section 103 of the German Code of Criminal Procedure (StPO), the accused is entitled to receive the complete search warrant.

5. Ask the head of the investigation for any witnesses to the search to leave the premises.

6. Agree on how to proceed, signalling your own willingness to cooperate and sounding out the investigating officers’ willingness to cooperate.

Cooperative / “lean” approach: continue working; handle the search as quietly as possible; record the name and service number of the head of the investigation.

Non-cooperative / extensive approach: stop work; send home employees who are not needed; ensure that no documents are destroyed or data deleted; record the names and service numbers of all investigating officers.

7. Locate evidence voluntarily, but do not hand it over voluntarily; note the objection in the seizure record; make data accessible voluntarily, but object to it being copied; note the objection in both the search record and the seizure record, and if this is refused, record it yourself.

8. Do not let investigating officers search alone; two employees should always accompany each officer and record their actions.

9. Do not allow any informal conversations between employees and investigating officers.

10. Demand detailed documentation of the seized items and/or data in the seizure record; if necessary, draw up your own list; do not sign the seizure record; demand the seizure record or a copy of it; insist that the seized evidence is sealed.

11. No spontaneous questioning of suspects or witnesses:

in searches under section 103 StPO (third parties): Insist on any rights to refuse to testify or to provide information; otherwise call in counsel for the witness of your own choosing.

in searches under section 102 StPO (suspects): The suspect remains silent and insists on consulting a defence lawyer; witnesses insist on their rights or on calling in counsel for the witness.

12. Indicate future cooperation if further documents or data are required.