Reversal of case law on the unauthorized recording of a conversation

Facts

In this case, X. was found guilty by the District Court of Lucerne-City of having listened to a private conversation between A. and his employee B. without their consent, in violation of Art. 179bis para. 1 SCC. The Cantonal Court of the Canton of Lucerne dismissed X.'s appeal for nullity. The DFC has finally upheld X.'s appeal and annulled the judgment.

Considerations

The DFC considered that for the offence of listening to conversations provided for in Art. 179bis para. 1 SCC to be committed, the perpetrator must have activated a listening device with the intention of listening to a non-public conversation between other persons, and must have actually listened to such a conversation by means of that device. However, in the present case, X. had…