Crime of revealing secrets

  crimes, Criminal law

The crime of revealing secrets includes attacking the privacy of others without their consent, seizing their documents or intercepting their communications. In this article we will leave you everything you need to know about the crime of revealing the secrets, read until the end. 

Where is the crime of revealing secrets stipulated?

The crime of revealing a secret includes revealing a secret or attacking the privacy of a person by appropriating or intercepting materials without their consent.

It is part of the crimes against privacy, self-image and the sanctity of the home.

The acts sanctioned by law related to the crime of disclosure of secrets appear in the Penal Code, which is covered by Chapter Ten.

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 That of crimes of violation of privacy, the right to the image and the sanctity of the home, the First Chapter (discovery and revelation of secrets), article 197.

Specifically, the preferential rate can be found in the first part of the aforementioned article:

Anyone who discovers secrets or invade the privacy of others without their consent, obtain their papers, correspondence, emails or other materials, affect them personally or intercept their communications.

Likewise, using technical equipment to listen to, transmit, record or reproduce sound, images or any other call signal, which is punishable by a prison sentence of 1 to 4 years and a fine of twelve to twenty-four months.

The crime of revealing secrets It is stipulated in articles 197-201 of the Penal Code.

Although they are grouped together on the same principle, in reality each person has a different behavior. 

It can be said that discovery that involves appropriation, use, modification or interception of data andIt is covered by the penal code, while disclosure, which is punishable by more severe penalties, requires transmission, disclosure or request for publication.

The legal rights protected in this material are privacy and self-image rights. Likewise, the Penal Code provides for specific cases of disclosure and secret disclosure and the application of sanctions that differ from general cases.

What are the most common behaviors for illicitly revealing secrets?

The acts that can be punished in the crime of disclosure of secrets They are those listed in article 197-1 of the Penal Code that was mentioned recently.

Furthermore, to adapt to the current situation, this base included various lines of interception of communications and covert audiovisual censorship.

Another form of secret disclosure punishable by hacking or heist of data, as indicated in the article 197 bis of the Penal Code:

1. Any person who, by any means or process, violates the security measures established to prevent it and, if not authorized, access or facilitate access. 

Accessing all or part of the information system or remaining in it against the will of any person with the right to exclude will be punished with imprisonment of six months to two years.

2. Be sentenced to imprisonment of three months to two years or a fine of three to twelve months.

What is the punishable conduct for the crime of revealing secrets?

Such a crime is making a seizure involving things that violate another person's privacy.

It can also include intangible assets, where crimes are filed electronically. The legislator adds to all this that whoever is sanctioned must prove that he acted in bad faith, arguing that revealing secrets violates the privacy of others.

Is the disclosure of secrets a crime of result or a crime of activity?

Sanctioned behavior does not require a breach of confidentiality, but it does require that it be done with intent.

That is to say, this crime is a real crimel, since it is not necessary to reveal the secret for which the author is punished. This is enough to show that the speaker is acting for this.

Are there cases of secrets revealed with impunity? 

The regulations say that a person who is being punished will not be considered the discoverer of the secret if he knows it. 

Therefore, it can be said that the discovery of secrets common is not an illegal act according to the provisions of the Penal Code.