Hard disagree, I think there is very important context missing here, notably:

> 2. computer programs for the purpose of the commission of such an offence

Big huge emphasis on "for the purpose of", meaning there must be clear intent to cause harm or break the law, especially for a criminal case. This assumes the purpose of the program is not inherently for hacking/criminal purposes, which I do not believe would be hard to argue that nmap is not designed as a "hacking tool".

Germany appears to have a similar standard to US criminal cases where you are presumed innocent until proven guilty "beyond a reasonable doubt": https://law.stackexchange.com/questions/40966/innocent-until...