This work addresses the issue of whether the term "unlawful act" used in paragraph 1 of § 164 of the Criminal Code conclusively characterizes the subject of the offense under § 164 (1) StGB, following a presentation of various contentious issues related to this section. Two scenarios are distinguished: the non-punishable and non-prosecutable suspicion, and the concealment of obstacles to criminal liability or prosecution. After interpreting the relevant laws, the author ultimately concludes that the suspicion expressed in each case must lead to the initiation of proceedings.