Exclusion of unlawfulness in the criminal offense of unauthorized wiretapping and audio recording

The criminal offense of unauthorized wiretapping and audio recording has long been an integral part of the body of criminal offenses established under domestic criminal legislation. Until now, due to its peculiarities (specifically the fact that the basic forms of this offense under Article 143, paragraphs 1 and 2, are prosecuted by private action), it has not occurred frequently in practice. However, with the development of technology, the possibilities for committing this offense have significantly increased. Today, most citizens possess the means, or rather, the devices, suitable for committing it. For this reason, it is necessary to analyze in detail the individual elements of this offense in order to avoid inconsistent interpretation and application in practice. Furthermore, it is essential to set the boundaries of criminal unlawfulness regarding this act, since the values it protects are, in certain situations, not more significant than the values that may be protected by its violation. Accordingly, it is necessary to prescribe special conditions for the exclusion of unlawfulness, the content of which this paper will seek to propose.