Part 2 Surrender of Persons
§ 29 Surrender of Objects in the Surrender Proceedings
(1) In connection with a surrender, objects may be surrendered to the Court without special request pursuant to § 51 when:
1. it can be used as evidence in the proceedings before the Court, or
2. it was obtained by the suspect or a participant directly or indirectly from the criminal act for which the surrender was approved, or could have been obtained as payment for such objects.
(2) The surrender is only permissible when it is guaranteed that the rights of third parties remain [un]affected and with the reservation that surrendered objects will be promptly returned upon demand.
(3) Under the prerequisites in para. 1 and 2, objects may also be surrendered when the approved surrender cannot be executed upon on account of factual reasons.
(4) The Higher Regional Court shall rule on the permissibility of the surrender, an objection of the suspect, a motion of the public prosecution office attached to the Higher Regional Court, or a motion of a person who asserts that the surrender would result in injury to his rights. If the Higher Regional Court declares the surrender permissible, costs to the public treasury may be awarded against the party who moved for the decision. The release shall not be approved when the Higher Regional Court has declared it impermissible.
(5) To the extent the objects to be surrendered contain personal data of the suspect, upon surrender it shall be indicated that the data may only be used to fulfill the duties of the Court as set forth in the Statue. If personal data of third parties is so connected to the personal data of the suspect that separation is not possible or is possible only with unjustifiable effort, the transfer of this data is also permissible, as long as the justified interests of the suspect or a third party to their secrecy is not apparently greater.
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