Crime of Revelation of Secrets

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The crime of revealing secrets is included in article one hundred and ninety-seven of the penal code, which is what we are going to discuss today, along with article one hundred and ninety-nine, with one of the best criminal lawyers in the country, JAVIER RINCÓN. , director of RINBER ABOGADOS, specialist in criminal offenses. 

The first thing he tells us, (and this draws a lot of attention), is that it is a crime, quite unknown, by citizens, but also by many legal professionals, lawyers and attorneys.

In fact, JAVIER RINCÓN states that article one hundred and ninety-nine is intended to typify this type of conduct carried out by RECKLESS professionals who do not correctly assess THE RULES OF THE GAME. These types of situations occur quite often, after introducing illegitimate evidence in divorce proceedings. 

Crime of Revelation of Secrets

What does he say article 197 of the Penal Code?

Basically, what is sanctioned in this precept is an attitude, malicious, (that is, voluntary), on the part of the active subject, who, knowing a certain secret, (which must be), makes it public, with that intention, without the consent of the victim. Let us remember that the type establishes custodial sentences of one to four years. 

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What are crimes against privacy?

Those reflected in articles one hundred and ninety-seven and following of the penal code. They are those that protect the most intimate sphere of the individual and that sanction the publicity that the active subject of the crime makes of it. 

What is disclosure of information?

There is certain information that, due to its sensitivity, must remain outside people's knowledge. This information belongs to its owner and no one other than the owner should handle it. If someone accesses that information and makes it public, they commit a crime. 

Which article talks about professional secrecy?

The crime that refers to professional secrecy is article one hundred and ninety-nine of the Spanish penal code. 

How can the right to privacy be protected?

Through the legal mechanisms established by the penal code and the Spanish criminal procedure law. By filing a complaint, the process begins against the person who has violated our right to privacy. 

When is the right to privacy violated?

When something is made public that should never have left the sphere of privacy. At that moment, by filing a criminal complaint or, where appropriate, a complaint, the damage that has been caused to the victim can be compensated. 

When does a crime against privacy occur?

Basically, says JAVIER RINCÓN, a lawyer specializing in these issues, the crime is perfected the moment something, which effectively belongs to the person's private or intimate expectation, becomes public. That is when the right to be compensated arises. 

Divorce secrets revealed?

The specialist in this type of matters, JAVIER RINCÓN, a criminal expert, states that these types of procedures are where “more crooks” usually get involved, as a consequence of providing documents to the process, whose entry is legally prohibited to them.

He gives as an example the fact of introducing certain invoices from the ex-spouse's company into the process, even if it is with the noble interest of proving their financial situation. In the majority of these cases, the lawyer himself is also involved in the criminal process for revealing secrets. 

Revelation of secrets, documentary contribution to trial?

As JAVIER RINCÓN, a specialist in the defense/accusation of this type of crimes, told us before, the 90% of cases of revelation of secrets is determined by the introduction in the divorce procedure of documents, the knowledge of which is exclusive to one of the parties. parties, and that the other, in a more or less voluntary way, has contributed them. There, the lawyer's work is essential when determining whether or not the documents provided by the client can reveal a secret, in short, whether or not they can constitute the crime of revealing secrets.  

Lawyer convicted for revealing secrets?

Without a doubt yes. JAVIER RINCÓN, criminal lawyer, confirms that there are many lawyers who are finally convicted of a crime of revealing secrets by having introduced them into the divorce process, (he has already told us that this type of circumstances usually occurs in this type of process. ), documentation prohibited from judicial knowledge, because they are secret or intimate. Therefore, as RINCON commented, it is a crime, which, without knowing why, is quite unknown to citizens and lawyers, since they believe that people in general think that anything goes. 

Crime of disclosure of secrets lawyer?

And when introducing the documents, in the divorce proceedings, (or any other type), the crime is committed, both by the client, who is the one who obtains the document, and by the lawyer himself, who is required to be careful to verify its legal origin. Not everything is valid in a judicial procedure, since there are certain documents whose knowledge is prohibited to people.

The criminal legal reproach against the citizen in general, but against the lawyer in particular, is important and serious, says JAVIER RINCÓN. You only have to take a look at article one hundred and ninety-nine of the penal code, where, apart from the custodial sentence of up to three years, a special disqualification from the practice of law of up to six years is provided. 

Revelation of secrets, documentary contribution to trial

They are the most common or frequent cases. As our expert, JAVIER RINCÓN, has already commented, there are often cases of revelation of secrets in divorce proceedings, when sensitive documentation is provided. 

Discovery and revelation of secrets jurisprudence 

Although it may seem like it is a minor crime, we can find in jurisprudence many cases of, even, IMPRISONMENTS, for the commission of a crime of discovery and disclosure of secrets. 

Cases of revelation of secrets 

The most common cases within the crime of revealing secrets usually come from divorce proceedings, or on the contrary, from having made public a certain judicial procedure to third parties or to the media, says JAVIER RINCÓN, an expert in these matters. 

Secrets Reveal News

More and more, says JAVIER RINCÓN, lawyer, we find more news of secrets being revealed. It is a crime, says RINCÓN, that “is becoming fashionable” (so to speak). There are many people who, after suffering an affront, (insisting on the example of the divorce procedure), bring to judicial notice the revelation of their secrets or their privacy. 

Revelation of public official secrets

This is one of the possible actors in the crime, says JAVIER RINCÓN, there are many justice officials who have approached his professional office to be defended, investigated for a crime of revealing secrets after having handed over to the press , information about a certain media judicial procedure, without having to have done so. The consequences can be dire.  

Compensation for disclosure of secrets

JAVIER RINCÓN, a lawyer specializing in these issues, states that the most common compensation amounts, from his own experience, around €6,000.00, but that in some cases, and through a process of accreditation of the damage, he has managed to obtain compensation above €20,000.00. He maintains his own legal theory, related to the moral damage that he is applying to the judicial procedures maintained by this brilliant criminal expert, which is little by little making its way into courts and tribunals. 

Acquitted for revealing secrets

Also, there are many cases in which, finally, free absolution is achieved regarding the crime, that is, being acquitted due to the revelation of secrets. If it is possible to prove that what was revealed was not secret, but that the circumstance revealed was public and well-known (basically that it was not secret), or that there was no intention in the revelation, the acquittal sentence is mandatory, states the criminal specialist, JAVIER RINCÓN. 

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