Judgment on the Interception and Recording of Third-Party Conversations

Facts

The appellant [B.] lived together with his wife in a property adjacent to that of the couple S.-[H.] until June 2004. A legal dispute arose between the neighbours regarding the pruning of trees. On 10 August and 4 October 2003, [B.] recorded statements made by R[.H.S.] in her garden using his dictaphone. He then copied the recordings onto a CD and sent them to his lawyer. The Cantonal Court of Bern convicted [B.] on 17 February 2006 in the appeal proceedings of multiple interceptions and recordings of third-party conversations, and imposed a fine of 500 Swiss francs.

Considerations

The Federal Supreme Court dismissed [B.] 's constitutional complaint and nullity appeal:

First, the Federal Supreme Court found that the statements of the opposing party R[.H.S.] were directed at her husband and therefore qualified as a "third-party conversation" within the meaning of Art. 179bis SCC. Even though [B.] could overhear the conversations as they took place in close proximity to his property, they…