Accused person: clarify the allegation and file first.
Do not give a spontaneous explanation before the object, alleged conduct and evidence are known. From a lawyer’s perspective, defence starts with file access and a structured chronology.
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Secret recording and listening devices under section 120 StGB
Section 120 StGB: secret recordings, listening devices, non-public statements, evidence and first steps.
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Mag. Christopher Angerer, Rechtsanwalt
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15 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
A secretly recorded conversation may look like quick evidence. In criminal law, however, the recording itself can become the problem. Section 120 StGB concerns misuse of recording or listening devices.
This article explains from a lawyer’s perspective when secret recordings are risky, how participation in a conversation differs from listening in and which evidence should be preserved before any statement.
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Quick assessment
Which question should be clarified first?
The first reaction depends on the precise allegation.
Already know that you want to send an inquiry? Go directly to the inquiry form.
Which situation fits best?
For section 120 StGB, object, access, authority and intent must be separated.
All paths at a glance
Overview of all answers.
Prepare file access →
Affected person: secure evidence and define the aim.
Secure documents, messages and witnesses. Then assess whether a complaint, surrender request or another procedural step is useful.
Evidence: keep the original context.
Messages, devices, cards, documents or vehicles should not be changed. The original context may later be decisive.
Context: separate authority and role.
In family, business or shared access situations, much depends on who was authorised to do what and what the person knew.
Elements involving recording, listening and disclosure
Elements involving recording, listening and disclosure
Section 120 StGB concerns recording and listening situations. The key question is whether a non-public statement is involved and whether the person acting was authorised to record or listen.
Being part of a conversation is different from listening to someone else’s conversation with a device. Later disclosure of a recording can also affect the assessment.
From a lawyer’s perspective, the first points are participants, device and later use of the recording.
Evidence: file, device, context and participants
Evidence: file, device, context and participants
Important evidence includes the original file, metadata, device, chat history about forwarding, witnesses and the exact reason for the conversation.
An edited or forwarded recording can be misleading without context. The place of the conversation and the expectation of confidentiality also matter.
Accused persons should not delete or edit recordings. Affected persons should record when they learned of the recording and who had access.
Distinction from threat, insult and evidence motions
Distinction from threat, insult and evidence motions
A recording may contain threats, insults or other allegations. That does not remove the separate assessment of how the recording was made.
The article on dangerous threats concerns the content of a statement. Section 120 StGB asks whether recording or listening is criminally relevant.
Whether a recording can be used in proceedings is a separate issue. It does not replace the assessment of the recording act.
First steps after a secret recording
First steps after a secret recording
Anyone holding a recording should not react by forwarding or publishing it. Each further disclosure can create additional risks.
Anyone secretly recorded should document source, recipients and timing. Then assess whether complaint, injunction or evidence motion is central.
From a lawyer’s perspective, a clear chronology is more useful than escalation.
Overview
Assessing section 120 StGB in practice
The review starts with conversation, device, authority and use.
| Point | Meaning | First question |
|---|---|---|
| Statement | Non-public conversation | Who was meant to hear it? |
| Device | Recording or listening | What tool was used? |
| Authority | Participation or outside access | Who was allowed to do what? |
| Use | Storage or forwarding | What happened afterwards? |
Important: Do not forward or publish secret recordings. Preserve the original file and context before acting.
Frequently asked questions
section 120 StGB: key questions.
Is every secret recording a criminal offence? +
Not every recording is assessed in the same way. Situation, participation, authority and later use are decisive.
May I record a conversation as evidence? +
That should be legally assessed in advance. Well-meant evidence preservation can itself create criminal law risks.
What should I do if I was secretly recorded? +
Preserve the file, message, timing and recipients. Then assess which legal steps are useful.
Related topics
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Topics
section 120 StGBsecret recordinglistening deviceconversationevidencecriminal proceedings
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