He wanted to push his wife not to apply for the allocation of the marital home on the phone but it was hands-free.
For this reason a man was sentenced definitively because, according to the judges, the sense of the words addressed to the victim was unmistakable.
The decisive factor was the story of a witness who, through hands-free, has listened to the whole phone.
In short, with this ruling ( sect. V Criminal, no. 21902/18 ), the Court states that, to prove the content of a phone call, just have a witness who listen to what is said by the hands-free.
The Supreme Court had already ruled on this topic, decreeing that is not a crime to listen to a phone call to a third person.
With sentence no. 15003/2013, in fact, the courts have held that, just as the one who commits a crime witness a conversation between other people if authorized by either of them, so it is not subject to any legal action – civil or criminal – who allows third party to listen to the phone call that with another person, even if the latter has been in the dark, revealing personal and confidential facts. This is because it falls under the right to anyone to inform others of what they are told by another person during a conversation, either by telephone or direct.