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Article 177

1. The tapping or recording of telephone conversations or communications may be ordered or authorised by a court decision only where this action is necessary for the disclosure of the truth in connection with criminal offences:

(a) punishable by a prison sentence exceeding three years;

(b) abusive language, threat, duress, intrusion into one’s private life, disruption of peace and tranquillity, when committed on the telephone, if there is any reason to believe that this action will prove to be of great importance to the disclosure of the truth or to the obtaining of proof.

2. The tapping or recording of telephone conversations or communications between the

defendant and the defender, except if there are strong indications that the latter may be

involved in the criminal offence, is not permitted.

4. Failure to comply with the provisions of this article renders invalid the tapping or recording obtained as a means of evidence.

Article 178

Procedures

1. Once a telephone conversation has been tapped or recorded, a report of how, when and where it was conducted is prepared, and alongside with the recorded tapes or similar

elements passed on to the competent judge, with a mention of this fact being made in the

file.

2. The judge reviews the elements gathered, and if he or she finds them relevant to the

proof, orders that such elements be attached to the records or otherwise have them

destroyed.

3. The public prosecutor may, at any stage of the proceeding, order or require that the

entire or part of the recording be committed to writing if such is deemed to be of

relevance to the smooth running of the proceeding.

4. The defendant and the persons whose conversations have been tapped may check the contents thereof, once the investigation is over.

Article 179

Recordings made at the request of or by any of the parties

1. A recording made by one of the parties or addressees of the communication or

conversation is valid as a means of evidence if prior judicial authorisation has been

granted for that purpose, provided that the prerequisites and requirements referred to in

the preceding articles have all been met.

2. Such a recording has no value as a means of evidence if the conversation or

communication has been prompted by the person who recorded it or requested the

recording for that purpose.

Article 180

Similar cases

The provisions of the preceding articles are correspondingly applicable to conversations

or communications transmitted by any other technical means distinct from telephone.