criminal-law germany evidence
Can we presents Secret recordings as proof to the police?
<p>I recorded a call from my former roommate Who claims that I caused him to lose his deposit and he wants me to give it back (he apparently did some damage to the room we used to live in, and somehow after I left I caused the damage? somehow?)
the important thing the conversation was like this:</p>
<ol>
<li><p>he: &quot;<strong>I will find where you live and I will show you who really I
am</strong>&quot;</p>
</li>
<li><p>me: &quot;<strong>Is that a threat</strong>?&quot;</p>
</li>
<li><p>he:&quot;<strong>Shut the F<em>ck up Shut the F</em>ck up or will break your f<em>cking
jaw I will break your F</em>cking jaw</strong>&quot;</p>
</li>
</ol>
<p>so can I go to the police with this as evidence? mind you I live in Germany and such recording isn't allowed, but again I don't think the police will believe me if I claim this without proof</p>

<p>Recording other people without consent is a crime (§ 201 StGB). But so is threatening other people with violence (§ 241 StGB). Secret recordings and other acts can still be legitimate if they are necessary and appropriate to deflect harm (§ 34 StGB), similar to how hurting someone can be legitimate if you're acting in self-defense. If you're prosecuted for this, it will be up to the court to determine if your act was necessary and proportionate.</p>
<p>But regardless of what you did, your recording can be used as evidence against the ex-roommate. German criminal law does not generally exclude illegally acquired evidence. The main risk of disclosing this recording is that you are also providing evidence against yourself for possible wiretapping charges (which may or may not be punishable as discussed above).</p>
