Sound Recording in the Context of an Investigation: Mandatory Removal of Equipment Upon Suspension of the Measure

The Criminal Division of the Court of Cassation held that technical devices used to record sound in a private place or a vehicle must be removed if the measure is suspended.

Accordingly, following an interruption, resuming the measure with equipment left in place is invalid, as it constitutes an infringement of privacy.

It is irrelevant that the resumption was authorized by the judge or that no conversations were recorded during the interim period.

However, a different conclusion applies if the case file demonstrates that technical or security constraints prevented removal of the device and that it was deactivated during the period when the measure was unauthorized.