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A search in the Federal Ministry of Finance ordered by the Osnabrück District Court shortly before the 2021 federal elections was subsequently classified as unlawful by the Osnabrück Regional Court. In the summer of 2021, the Osnabrück public prosecutor’s office had the offices and paper and electronic archives in the Federal Ministry of Finance and the Federal Ministry of Justice searched during investigations against the money laundering fighters at customs. The district court's decision, which was issued on Thursday and published on Friday, lists several illegal details of the search warrant.
Among other things, the public prosecutor's office should have presented the investigation results that were already available to the investigating judge of the district court in more detail, and the wording of the decision was said to be too vague. And finally, before conducting a search, the public prosecutor's office should have asked the ministry to hand over documents - there was no reason to assume that the ministry, headed by today's Chancellor Olaf Scholz (SPD), would not have complied with this request.
In February, the district court in Osnabrück overturned a similar search warrant issued by the district court for the Federal Ministry of Justice.
The background is investigations into suspected criminal prosecution in the office: the special unit of customs against money laundering (FIU) is said to have not always passed on suspicious activity reports to the investigating authorities.
The judges of the regional court did not decide whether a confiscation of e-mail mailboxes imposed by telephone was also legal. In this question, the case was returned to the District Court. So far it is not clear why and to what extent the e-mails are important as evidence, it said.
