Facts

Parties: Appellant X. against the Public Prosecutor's Office of the Canton of Aargau

Court: Criminal Law Division of the Federal Supreme Court

Date: April 14, 2011

Facts:

  • On June 8, 2007, X. drove his car and repeatedly violated traffic regulations. His passenger A. filmed the drive with a camera, which was later lost and found by the Baden City Police.
  • The police viewed the camera without justification and discovered the film recordings of the drive, which led to the initiation of criminal proceedings.
  • X. was convicted by the District Court of Brugg and later by the Higher Court of the Canton of Aargau for multiple gross and simple traffic violations.
  • X. complained against the use of the film recordings as evidence.

Considerations

The lower court relied on the film recordings and the statements of the appellant. The appellant argued that the recordings were unlawfully obtained and violated his privacy. The lower court considered the recordings as fortuitous finds and admissible, as the appellant had later confessed to the allegations.

The Federal Supreme Court examined whether the lower court had disregarded a prohibition on the use of evidence in criminal proceedings. It found that the police had viewed the camera without justification and without legal basis. This was comparable to an impermissible evidence search ('fishing expedition'), which leads to a prohibition on the use of evidence.

The Federal Supreme Court conducted a balancing…