Questione giuridica chiave
Whether the appellate court arbitrarily excluded the statements of E. as unusable evidence
Decisione estratta
The exclusion was not arbitrary; the appellate court could treat the statements as unusable because they would circumvent the spouse's privilege to refuse testimony.
Motivazione estratta
The court held that, even though § 129 Ziff. 2 StPO/ZH speaks of testimony before criminal authorities, its purpose could justify excluding evidence obtained in a parallel administrative context when the protected person was not warned. The prosecution showed no obvious unreasonableness.