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, together 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 crimes penalties.
The first thing he tells us, (and this is very striking), is that it is a crime, quite unknown, by citizens, but also by many legal professionals, lawyers and attorneys.
In fact, JAVIER RINCÓN affirms that article one hundred and ninety-nine is intended to classify this type of conduct carried out by IMPRUDENT professionals who do not correctly assess THE RULES OF THE GAME. This type of situation occurs quite often, after introducing illegitimate evidence in divorce proceedings.
what does he say Article 197 of the Penal Code?
Basically, what is sanctioned in this precept is an intentional attitude (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 makes the active subject of the crime.
What is disclosure of information?
There is certain information that, due to its sensitivity, must remain outside the knowledge of people. This information belongs to its owner and no one else should handle it. If someone accesses that information and makes it public, they commit a crime.
What article talks about professional secrecy?
The crime that speaks of 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 time, through the formulation of a criminal complaint or, where appropriate, a complaint, the damage that has been caused to the person of the victim can be compensated.
When does a crime against privacy occur?
Basically, affirms JAVIER RINCÓN, a lawyer specializing in these matters, the crime is perfected at the moment that something, which actually belongs to the private or intimate expectation of the person, becomes public. That is when the right to be compensated is born.
Revealing divorce secrets?
The specialist in this type of matter, JAVIER RINCÓN, a criminal expert, affirms that in this type of procedure it is where "the most jerks" tend to get involved, as a consequence of the contribution of documents to the process, whose entry is legally prohibited.
He gives as an example, the fact of introducing in the process, certain invoices from the ex-spouse's company, even if it is with the noble interest of proving his economic situation. In most of these cases, the lawyer himself is also involved in the criminal process for revealing secrets.
Revealing secrets, documentary contribution to trial?
As JAVIER RINCÓN, a specialist in the defense / prosecution of these types of crimes, told us before, the 90% of the cases of disclosure of secrets, is determined by the introduction in the divorce procedure of documents, the knowledge of which is exclusive to one of the parties, and which the other, in a more or less voluntary way, has contributed. There it is essential, the work of the lawyer, when determining whether or not the documents provided by the client may reveal a secret, in short, whether or not they may constitute a crime of revealing secrets.
Lawyer convicted of revealing secrets?
Without a doubt yes. JAVIER RINCÓN confirms, criminal lawyer, that there are many lawyers who are finally convicted of a crime of revealing secrets for having introduced in the divorce process, (you have already told us that this type of circumstance usually occurs in this type of process), documentation forbidden to judicial knowledge, because it is secret or intimate. For this reason, as RINCON commented, it is a crime that, ignoring 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, at the headquarters of the divorce procedure, (or of any other type), both the client, who is the one who obtains the document, and the lawyer himself, who is required to be careful to verify its legal origin, commit the crime. Not everything is valid in a judicial proceeding, since there are certain documents whose knowledge is forbidden to people.
The criminal legal reproach against the citizen in general, but against the lawyer in particular, is important and serious, affirms JAVIER RINCÓN. You only have to take a look at article one hundred and ninety-nine of the criminal code, where, apart from the custodial sentence of up to three years, a special disqualification for the practice of law is provided for up to six years.
Revealing secrets documentary contribution to trial
They are the most common or frequent cases. As our expert, JAVIER RINCÓN, has already commented, there are usually cases of disclosure of secrets at the headquarters of divorce proceedings, when sensitive documentation is provided.
Discovery and disclosure of jurisprudence secrets
Although it may seem that it is a minor crime, we can find in the jurisprudence many cases of, even, INCOME IN PRISON, for the commission of a crime of discovery and disclosure of secrets.
Secret disclosure cases
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 legal proceeding to third parties or to the media, says JAVIER RINCÓN, an expert in these matters.
Secret Reveal News
More and more, affirms JAVIER RINCÓN, lawyer, we find more news about the disclosure of secrets. It is a crime, affirms RINCÓN, that "is becoming fashionable" (to put it in some way). There are many people who, after suffering an affront, (insisting on the example of divorce proceedings), bring to the judicial notice the disclosure of their secrets or their privacy.
Disclosure of public official secrets
It is about one of the possible actors in the crime, affirms JAVIER RINCÓN, there are not a few justice officials who have approached his professional office, to be defended, investigated for a crime of revealing secrets after having delivered information to the press about a certain media judicial proceeding, without having to have done so. The consequences can be dire.
Compensation for disclosure of secrets
JAVIER RINCÓN, a lawyer specializing in these matters, affirms that the most common compensation oscillates, 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 in excess of €20,000.00. He maintains his own legal theory, related to the non-material damage that he is applying to the judicial procedures that this brilliant criminal lawyer maintains, which little by little is permeating the courts and tribunals.
Acquitted for revealing secrets
Also, there are many cases in which, finally, free acquittal is achieved regarding the crime, that is, being acquitted for revealing secrets. If it is possible to prove that what was revealed was not a secret, but that the revealed circumstance was public and notorious, (basically that it was not a secret), or that there was no intention whatsoever in the disclosure, the acquittal is mandatory, affirms the criminal specialist, JAVIER RINCON.