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 administ rative 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 co ncerning 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 unsu ccessful. 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 C ourt.

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