Crime of revealing secrets

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The crime of revealing secrets consists of discovering secrets or violating the privacy of a person through the seizure or interception of documents without their consent. It is framed within crimes against privacy , the right to one's own image and the inviolability of the home. We can help you At Dexia Abogados we are lawyers specializing in crimes of disclosure of secrets . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US What is the crime of discovery and disclosure of secrets? The crime of discovery and disclosure of secrets encompasses a series of punishable behaviors that have in common preventing certain information about a person's private life from being disclosed without their consent. For this crime to be committed, the offender must discover secrets or violate the privacy of the victim , either by seizing messages in any format (physical or digital) or through image and sound recording devices, among others.

This is a crime of activity , since the offender's intention to discover the secret is enough, but it is not necessary for the disclosure to occur. It is regulated in articles 197 to 201 of the Spanish Penal Code. 1. Anyone who, to discover the secrets or violate the privacy of another, without their consent, seizes their papers, letters, email messages or any other documents or personal effects, intercepts their telecommunications or uses technical DM Databases listening devices, transmission, recording or reproduction of sound or image, or any other communication signal, will be punished with prison sentences of one to four years and a fine of twelve to twenty-four months. Section 197.1 of the Criminal Code The protected legal good is privacy, a fundamental right recognized in article 18 of the Spanish Constitution. The passive subject or victim of the crime of revealing secrets can be any natural person and, as indicated in article 200 of the Penal Code, also legal entities .



The provisions of this chapter will be applicable to anyone who discovers, reveals or transfers reserved data of legal entities, without the consent of their representatives, except as provided in other provisions of this Code. Article 200 of the Penal Code To prosecute these crimes, the prior complaint of the aggrieved person and their legal representative is necessary , since it is a semi-private crime. In these cases, the forgiveness of the offended party extinguishes the criminal action or the penalty imposed by the court. However, if the victim is a minor , the Public Prosecutor's Office may also file a complaint. Furthermore, prior reporting is no in this Chapter, a complaint from the aggrieved person or their legal representative will be necessary. Section 201.1 of the Penal Code The authority or public official who, outside the cases permitted by the Law, without legal cause for crime, and taking advantage of his position, carries out any of the conduct described in the previous article, will be punished with the penalties respectively provided for therein.