The problem with technical recordings is exceptionally complicated problem of modern criminal precedural law. The technical recordings that are made under formal default legislation can be used as evidence in criminal proceedings. Most common doubts occur in relations with the techincal recordings when they are made without an order of the investigative judge and without the knowledge of the defendant. Exceptionally these techinical recordings will be used as evidence in criminal proceedings if the court evaluate that the predominantly interes of leading criminal proceedings in relation to violation law of privacy. The legal system which accept principal of prevailing interes try to keep the balance between tendency of funcionality of punishment on the one hand and protecting the rights of the citizens on the other hand. Having in mind the legislation and presenting examples for court practice in work is elaborate the question of usage of unauthorised recordings as evidence in criminal proceedings. For the need of protecting fundamental human rights legislator did not left to the judges completly the question of usage of ilegal evidence in criminal proceedings but has left them liberty for making decisions with narow and wide borders that are prescribed by the Constitution and set in numerous international human right documents. The decision can an unauthorised recording be used as evidence in criminal proceeding the court is basing on a scale of two interes that are in the range of constitutional principles of protection of human rights and the right to defence in one hand and the obligation of the state to a effective persecution on the other hand.