Question juridique clé
Whether copied prisoner correspondence may be placed in the case file as evidence.
Solution extraite
Such use is possible only if the legal requirements are met and the interference is proportionate in the individual case.
Motifs extraits
The mail control provision of Art. 235 StPO does not by itself justify evidentiary filing. Even if seizure under the rules on search and seizure may be conceivable, the prisoner's privacy rights remain protected and the concrete necessity and proportionality must be examined.