Kernrechtsfrage
Whether the defendant’s statements to his lawyer were made to a 'third person' under Art. 173 StGB.
Extrahierter Entscheid
A lawyer is generally a third person under Art. 173 StGB; in any event, the defendant could not reasonably expect confidentiality in the circumstances.
Extrahierte Begründung
The court upheld earlier case law treating lawyers as third persons and held that the defendant had given his lawyer a summary of allegations for use in the dispute, so no 'confident nécessaire' exception applied.