Information Note on the Court’s case-law 42
May 2002
Buck v. Germany (dec.) - 41604/98
Decision 7.5.2002 [Section IV]
Article 8
Article 8-1
Respect for home
Search of applicant’s business premises and home in relation to criminal proceedings against his son: admissible
The applicant’s son was fined for having exceeded the speed limit in a car belonging to the applicant’s company. The son contested the administrative decision imposing the fine, and pleaded not guilty before the District Court. The applicant, who had been summoned as a witness, refused to give evidence, as he was entitled to do as a family member. The court subsequently issued a search warrant concerning the premises of the applicant’s company and his home. The search was carried out and the seizure of several documents was ordered by the District Court. The appeals lodged by the applicant against the search warrant and the seizure order were unsuccessful. The Federal Constitutional Court refused to entertain the applicant’s subsequent constitutional complaint.
Admissible under Articles 6 § 1 and 8.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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