...
abogado penalista en Madrid

CRIMINAL DEFENSE ATTORNEY FOR CRIMES AGAINST PRIVACY AND HONOR IN MADRID

Criminal defense for crimes against privacy, disclosure of secrets, non-consensual sexting, insults and criminal defamation. Criminal defense attorney in Madrid.

CONTACT NOW
abogado delitos contra la intimidad Madrid

Criminal defense for crimes against privacy, honor and personal image

The crimes against privacy are regulated in articles 197 to 201 of the Criminal Code (discovery and disclosure of secrets) and crimes against honor in articles 205 to 216 CP (criminal defamation and insults).

Protected legal interest

These crimes protect two fundamental rights recognized in article 18 of the Spanish Constitution: the right to personal and family privacy and the right to honor and personal image. Their violation can occur both in the physical environment and —increasingly— in the digital environment.

Principal Criminal Offenses

The Criminal Code sanctions varied conducts such as the unauthorized acquisition of documents or emails (art. 197.1), unlawful access to computer files or devices (art. 197.2), the distribution of intimate images or videos without consent —known as non-consensual sexting or revenge porn— (art. 197.7), and defamation (false imputation of a crime) and insults (damage to dignity and honor). Each criminal offense has its own severity threshold, statute of limitations, and differentiated defense strategies.

CONSULT MY CASE

When do you need a privacy crimes attorney?

If you find yourself in any of the following situations —whether as an investigated person or as a victim— you need specialized criminal legal advice urgently:
  • You have been reported or are under investigation for spying on your partner’s or ex-partner’s phone
  • Someone has distributed intimate photographs or videos of you without your consent
  • You are being a victim of sextortion: they threaten to publish intimate images
  • They have accessed your email, WhatsApp or cloud accounts without your permission
  • You are the subject of serious defamation or insults on social media or in the media
  • You are accused of having violated professional secrecy or disclosed confidential data
Immediacy is key: in digital crimes, evidence can disappear or become corrupted quickly. Early action by a criminal defense attorney can be decisive both for securing evidence and for guiding the strategy from the first moment.
CONTACT A CRIMINAL DEFENSE ATTORNEY

Types of privacy crimes we handle

Our criminal defense covers both investigated persons and victims in all cases under the Law:

Disclosure of secrets

Art. 197.1 CP. Seizure of letters, emails and private messages. 1-4 years imprisonment.

Unlawful access to data

Art. 197.2 CP. Access to devices, accounts and computer files without consent.

Non-consensual sexting

Art. 197.7 CP. Distribution of intimate images without permission. Aggravated if ex-partner or minor.

Defamation

Art. 205 CP. False imputation of crime with knowledge of its falsity. Up to 2 years.

Insults

Art. 208 CP. Expressions that harm honor and dignity. Only punishable if they are serious.

Sextortion

Extortion with threat to disseminate intimate images. Concurrent offenses: art. 197.7 + art. 243 CP.
CONSULT MY CASE

%

COMPROMETIDOS CON TU DEFENSA

ASISTENCIA AL DETENIDO

Applicable penalties: arts. 197-201 and 205-216 CP

Penalties vary significantly depending on the specific conduct:

  1. Art. 197.1 — Misappropriation of documents, emails or messages: Imprisonment of 1 to 4 years and fine of 12 to 24 months. Covers physical misappropriation of letters, messages or confidential documents without consent.
  1. Art. 197.2 — Unlawful access to computer files and devices: Imprisonment of 1 to 4 years and fine of 12 to 24 months. Spying on a partner’s mobile phone or accessing their email falls under this provision. The Supreme Court has repeatedly confirmed that accessing another person’s device, even when knowing the password, constitutes this offense.
  1. Art. 197.7 — Dissemination of intimate images without consent (non-consensual sexting): Imprisonment of 3 months to 1 year or fine of 6 to 12 months. The penalty is aggravated if the victim is an ex-partner, if minors are involved, or if there is economic profit.
  1. Arts. 205-207 — Defamation: False imputation of a crime with knowledge of its falsity: imprisonment of 6 months to 2 years or fine of 12 to 24 months if published; fine of 6 to 12 months without publication.
  1. Arts. 208-210 — Serious insults: Expressions that harm dignity: fine of 6 to 14 months. Only serious insults are criminally sanctioned; minor ones fall outside the Criminal Code.
abogado delitos intimidad honor juzgados Madrid

Defense strategies in crimes against privacy

ABSENCE OF INTENT: LACK OF KNOWLEDGE OF PRIVATE CHARACTER
The criminal offense under article 197 CP requires intent: the subject must know that they are accessing private information without consent. If the defendant was unaware of the confidential nature of the data —for example, because the device was shared or the images were in an accessible space— the subjective element of the crime is not present and the conduct is not punishable.

This is one of the most effective defenses in cases involving access to shared family devices or in work environments with monitoring systems.

PRIOR CONSENT: THE VICTIM FACILITATED ACCESS OR PROVIDED THE IMAGES
Consent is a cause of atypicality in all crimes against privacy. If the alleged victim voluntarily authorized access to the device, the sending of images, or the disclosure of information, the act does not constitute a crime.

The defense must prove such consent through conversations, emails, shared device history, or any other digital evidence that demonstrates that the access or dissemination had the consent of the holder of the legal interest.

EXCEPTIO VERITATIS IN SLANDER: PROVING THE TRUTH EXEMPTS
In the crime of slander (art. 207 CP), the accused is exempt from punishment if they prove the truthfulness of the imputed fact: the so-called exceptio veritatis. If it can be demonstrated that the imputation was true—that the complainant did commit the crime attributed to them—criminal liability disappears.

This defense is especially relevant when slander occurs in the context of cross-complaints between parties in litigation.

DIGITAL CHAIN OF CUSTODY: CHALLENGING ELECTRONIC EVIDENCE
In these crimes, evidence is almost always digital: screenshots, access logs, metadata, forensic dumps of devices. The chain of custody is the Achilles’ heel of many prosecutions: if evidence was not obtained, preserved, and presented with the required procedural guarantees, it may be declared void.

Our defense includes exhaustive analysis of how digital evidence was obtained, whether the secrecy of communications was respected, and whether there is any defect that determines its inadmissibility.

STATUTE OF LIMITATIONS: BETWEEN 3 AND 5 YEARS DEPENDING ON THE TYPE
The statute of limitations depends on the maximum penalty for the specific crime. For crimes under articles 197 et seq. CP (maximum penalty of 4 years), the period is 5 years (art. 131 CP). For the dissemination of intimate images under art. 197.7 (maximum penalty of 1 year), the period is 3 years. For defamation and slander (maximum penalty of 2 years), also 3 years.

It is essential to precisely calculate the date of commission of the crime and verify whether the complaint was filed within the statutory period.

RIGHT TO INFORMATION VS. RIGHT TO HONOR: CONSTITUTIONAL BALANCING
The Constitutional Court has consolidated a doctrine of balancing between the right to honor (art. 18 CE) and freedom of expression and information (art. 20 CE). When expressions are made in the legitimate exercise of political, journalistic, or satirical criticism, they may be protected by freedom of expression and not constitute defamation.

The defense must prove that the statements have public relevance, that there is sufficient factual basis, and that the tone, although critical, does not cross the threshold of gratuitous vilification.

Frequently asked questions about crimes against privacy

If you are being investigated or are a victim of a crime against privacy or honor, these are the most frequently asked questions:

  • Do not act alone. Whether you are being investigated or are a victim, acting without prior legal advice can compromise the outcome of the proceedings.

  • Preserve all digital evidence. Screenshots with date and time, access logs, messages. Do not delete anything and save copies on multiple media.

  • Be mindful of time limits. Crimes against honor require filing complaints within statute of limitations periods and, in some cases, are only prosecutable upon complaint by the victim.

Is it a crime to spy on your partner's or ex-partner's mobile phone?

Yes. Accessing another person’s mobile phone without their consent —even when the password is known— constitutes the criminal offense under article 197.2 of the Criminal Code: unlawful access to reserved data or computer programs. The penalty is imprisonment from 1 to 4 years and a fine of 12 to 24 months. The fact that there is or was a romantic relationship does not eliminate the criminal nature of the conduct.

What penalty applies for distributing intimate photos or videos without consent?

The distribution of intimate images without consent is penalized under article 197.7 CP with imprisonment from 3 months to 1 year or a fine of 6 to 12 months. The penalty is aggravated —potentially reaching 18 months of imprisonment— if the victim was the perpetrator’s partner or ex-partner, if minors are involved, or if the perpetrator obtains economic benefit (sextortion). It is not necessary for the images to go viral: it is sufficient that they are distributed to a single person.

What is the difference between insult and criminal defamation?

Criminal defamation (art. 205 CP) consists of imputing a specific crime to someone knowing it to be false. Insult (art. 208 CP) encompasses any expression or action that injures a person’s dignity and honor, without needing to impute a crime. The distinction is relevant because criminal defamation carries a higher penalty and admits the exceptio veritatis —proof of truth— as grounds for exemption. Additionally, both criminal defamation and insults are private crimes: they can only be prosecuted through a criminal complaint by the offended party or their legal representative.

What deadline do I have to report the disclosure of secrets or unlawful access to my data?

The statute of limitations for crimes under articles 197 and 198 CP (maximum penalty of 4 years) is 5 years from the commission of the crime (art. 131.1 CP). For art. 197.7 —non-consensual sexting, maximum penalty of 1 year— the period is 3 years. The calculation begins from when the crime is completed, not from when the victim becomes aware of it, although jurisprudence admits exceptions in cases of concealed or continuing crimes.

Can I file a report if someone accessed my email or WhatsApp without permission?

Yes. Unauthorized access to an email account, WhatsApp, social networks, or any messaging service constitutes the crime under article 197.2 CP. For the report it is recommended to provide: platform access logs (active sessions, connection history), screenshots with date and time, and any communication where the offender reveals having accessed. Digital platforms have an obligation to provide this data upon judicial request.

If you are facing charges for breach of secrets or data discovery, contact our criminal law firm in Madrid. We will evaluate the digital evidence and design a tailored defense strategy.

Request a consultation with a privacy crimes attorney in Madrid

We will study your case and tell you exactly what you are facing.

CONTACT NOW

OUR BLOG

Articles about crimes against privacy, honor, sexting and data protection on our blog.