Criminal Defense Lawyer for Disclosure of Secrets in Madrid
Accessing another person’s mobile phone, email or WhatsApp, or disseminating images that were received in private, can constitute a criminal offence of disclosure of secrets. If you are under investigation or have been reported for this, you need a criminal defense lawyer who is skilled in both the criminal offence and electronic evidence. We are criminal defense lawyers in Madrid specialising in disclosure of secrets, and we defend those facing this type of accusation.
Criminal defense lawyer specialising in disclosure of secrets in Madrid, available 24 hours
The offence of discovery and disclosure of secrets has surged with mobile phones and social media. A forwarded message, a shared screenshot or accessing someone else’s account can end up as a criminal complaint. These cases usually arise between separated couples, business partners in conflict or work colleagues, and almost always revolve around a device: who accessed it, how and with what consent. This is where you need a lawyer for disclosure of secrets in Madrid. We take enquiries and urgent cases 24 hours a day.
Disclosure of secrets offences we defend as lawyers in Madrid
The Criminal Code (CP) punishes various ways of violating another person’s privacy. These are the most frequent in the proceedings we defend.
Seizing emails, messages or communications
Reading another person’s WhatsApp, emails or messages without their permission, or intercepting their communications. This is the most common type in couple breakups and workplace conflicts.
Access to reserved personal data
Entering, using or modifying personal data stored in files, media or IT systems without authorisation, or disseminating it via social media. Here the offence often overlaps with cybercrime.
Disclosure of intimate images without consent
Disclosure of intimate images without consent involves sharing photos or videos that were received with permission, but are then disseminated without it. It is aggravated if there was a relationship between a couple, the person is a minor, or there is financial gain involved.
24-hour assistance if you are accused of disclosure of secrets
Tel. 681 256 507 · [email protected]
What makes us different in your defense against disclosure of secrets
We are not a general-practice firm. This is what we bring when you are accused of disclosure of secrets:
Our own IT forensic expert
We put forward our own IT forensic expert to challenge the digital evidence and its chain of custody, not merely to dispute it.
A single lawyer
You are represented from start to finish by a lawyer registered with the Madrid Bar Association (ICAM), not a paralegal or a different person every day.
Consent and lawfully obtained evidence
From the very first minute, we examine the issue of consent and whether the evidence was lawfully obtained, in order to seek its annulment when it violates your rights.
Private retainer
We work on a private retainer basis rather than as court-appointed counsel, with real availability by phone and WhatsApp, and a payment plan if cash-flow problems arise.
Defense if you are accused of an offence of disclosure of secrets
Just because there is a complaint does not mean an offence has been committed. In these proceedings, consent, ownership of the device and the purpose for which it was accessed are decisive. This is what we do for you:
We take your call.
You tell us about your case and we review the summons or complaint and what you are being accused of.
We analyse the consent.
We examine whether there was consent, tacit or express, and who owned the device or the account.
We review how the evidence was obtained.
We check whether the digital evidence was obtained lawfully and with the proper legal safeguards.
We prepare your statement.
We decide what to state and what to withhold before you go to court.
We defend you throughout the entire proceedings.
We accompany you through the investigation and trial, with the same lawyer from start to finish.
If you have been summoned to give a statement for accessing another person’s messages, data or images, tell us before taking any further steps.
The offence of discovery and disclosure of secrets under the Criminal Code
The offence of discovery and disclosure of secrets is regulated under articles 197 to 201 of the Spanish Criminal Code, within the offences against privacy. Under article 197, anyone who, without consent and in order to discover another person’s secrets or breach their privacy, seizes their papers, letters, emails or any other documents, intercepts their telecommunications, or uses technical devices for listening, transmitting, recording or reproducing sound or images, shall be punished. It is also an offence to access, without authorisation, personal data or confidential information held in files or computer systems. An important point for the defence: in many cases the offence is completed by mere access, even if nothing is subsequently disclosed, but it must be proven that you acted without consent and with the intention of breaching that privacy. Disclosure of secrets offences carry heavier penalties when the person accessing or disclosing the information is a public official.
When accessing messages or data is not a crime
Not every instance of accessing another person’s information is punishable. Consent, even if tacit, joint ownership of an account or device, or the absence of any intention to breach privacy may place the conduct outside the scope of the offence. Nor does every forwarding of a message that was legitimately received constitute disclosure of secrets. Examining these nuances from the outset is what allows the defence to be properly directed and, in many cases, for the case to be dismissed.
Electronic evidence: how to challenge an accusation
Almost all the evidence in these offences is digital: messages, screenshots, access logs, metadata. This evidence must be obtained and included in the case file in accordance with legal safeguards. We check whether it was obtained lawfully, whether the chain of custody is solid, and whether it truly proves what the prosecution claims. When evidence has been obtained in breach of rights, its annulment can be requested, and computer forensic expert evidence is often decisive in dismantling the prosecution’s account.
24-hour assistance if you are accused of disclosure of secrets
Tel. 681 256 507 · [email protected]
Penalties and aggravating factors for the offence of disclosure of secrets
The basic offence under article 197 CP is punishable by one to four years’ imprisonment and a fine of twelve to twenty-four months. The penalty increases when the secret is disclosed, when it affects specially protected or sensitive personal data (health, ideology, sexual life, racial origin), when there is financial gain, or when the perpetrator is or was the partner of the affected person. If the person responsible is a public official, disqualification from public office is added. Each aggravating factor changes the sentencing range, which is why the precise fit of the facts to the law matters so much for your defence.
Lawyers for disclosure of secrets offences at the Madrid courts
We handle these proceedings before the Plaza de Castilla Examining Courts, the Madrid Criminal Courts and the Provincial Court of Madrid. We assist clients from Madrid city and the Henares Corridor.
Frequently asked questions about disclosure of secrets in Madrid
I went into my partner's phone. Is that a crime?
It can be. Accessing another person’s messages or communications without consent falls within the offence of disclosure of secrets, even if you never go on to tell anyone what you found. Everything depends on consent and the surrounding circumstances, so it’s worth having a lawyer review it before you give any statement.
I'm accused of sharing intimate images of another person. What could happen to me?
Sharing intimate images without consent is a crime, and the penalty can increase where there was a couple relationship or financial gain involved. The defence looks at how the evidence was obtained, any prior consent, and the context. Speak to a criminal defense lawyer before giving any explanation.
Can I be investigated if the affected person hasn't filed a complaint?
As a general rule, this offence is only prosecuted if the affected person files a complaint. There are exceptions, for example when the victim is a minor or when the act affects the public interest. The absence of a valid complaint can be a point of defence.
Does a disclosure of secrets conviction leave a criminal record?
Yes, a conviction for this offence creates a criminal record. That’s why it’s important to prepare the defence properly from the very first statement.
I forwarded a message that had been sent to me. Is that also a crime?
It depends on the content, the purpose, and whether it affects another person’s privacy. Not every forwarded message is a crime, but some are. It’s a nuance worth reviewing with a criminal defense lawyer before giving a statement.
Our office at Goya 20, Madrid
Cervantes & Gª-Escribano Law Firm
We are located at Calle Goya 20, 1st Floor Left (28001 Madrid), in the Salamanca district. You can come to the office to review your case calmly, and for emergencies we are available 24 hours a day on 681 256 507.
- Calle Goya 20, 1st Floor Left · 28001 Madrid
- 681 256 507 · 24 hours, every day
- [email protected]
- Monday to Friday · 9:00 AM – 7:00 PM (24/7 assistance for detainees)
Speak to a disclosure of secrets lawyer in Madrid today
If you have been summoned to testify regarding a disclosure of secrets offence, do not attend without a lawyer. Call 681 256 507, message us on WhatsApp, or tell us about your case and we will call you back. You will be attended by the lawyer who will handle your defense.
