§ 1004 BGB als Grundlage von Beweisverboten

Sandy Bernd Reichenbach deals with the current discussions surrounding the admissibility of evidence which has been obtained illegally. The use of secret video and audio recordings, electronic surveillance and other evidence which has been obtained illegally continues to be a matter of dispute, given that there are no provisions for this in the law. Its inadmissibility is often determined by weighing the constitutional interests of those concerned in individual cases. Doing this however means a failure to take into account the priority of simple statutory law. In addition the use of evidence in civil proceedings which invades personal privacy is a private and not a sovereign injury by the party giving evidence to the party against whom the evidence is given. Thus its inadmissibility can only result from the claim to compel someone to refrain from doing something which is a part of Section 1004 of the German Civil Code. The law of civil procedure is not an obstacle to reverting to this instrument of civil law.