Questão jurídica principal
Whether temporarily taking seized items home constitutes breach of official seizure under Art. 289 StGB.
Decisão extraída
Yes. Official seizure is broken once the state’s control over the item is no longer fully maintained, even temporarily; taking the tapes home for private use completed the offence.
Fundamentação extraída
The court held that seizure within criminal confiscation proceedings continues until the item is destroyed or rendered unusable. Any conduct that removes the item from official control, even for a period of time, fulfills the notion of 'entziehen' under Art. 289 StGB.