01 · People
Offenses against personal and family privacy
The protection of privacy is also a criminally protected right.
The area
Defense of privacy and personal data
The unauthorized disclosure of information, the intrusion into private spaces or the breach of personal data may give rise to significant criminal consequences. In a digital environment, such conduct is increasingly frequent.
At TREU Abogados we represent both persons under investigation and victims, seeking a legal response suited to the particular features of each case.
Every case demands a different strategy. The difference lies not only in knowing the law, but in knowing how to build a theory of the case capable of withstanding every stage of the criminal proceeding.
How we work
How we handle your case
Comprehensive legal analysis
We carry out a complete study of the facts, the available evidence and the procedural situation to identify risks and opportunities and to define the most suitable strategy from the outset.
Procedural strategy design
Every proceeding requires its own planning. We build a solid theory of the case, determine the relevant means of evidence and establish the best legal course to protect our client’s interests.
Ongoing defense and representation
We accompany every stage of the criminal procedure, from the preliminary investigation to the final resolution, providing technical, strategic and results-oriented representation.
Scope of defense
Offenses we handle
In the area of offenses against personal and family privacy, we take on your defense or representation in these offenses.
Tap any offense to see what it involves and the penalty under the COIP.
Invasion of privacy
Accessing, intercepting, recording or disseminating another person's messages, conversations, audio, videos or personal data without permission, for example going through their phone or posting their chats. It does not apply if the person sharing the recording took part in it or if the information is public.
Penalty: 1 to 3 years in prison.
Art. 178 COIP
Disclosure of professional secrets
Revealing a secret learned through one's job or profession, such as a doctor or lawyer, when doing so harms another person. There is no crime if the matter is of public interest. It also punishes sharing someone's intimate sexual photos, videos or messages without their consent.
Penalty: 6 months to 1 year in prison; 1 to 3 years if intimate sexual content is shared.
Art. 179 COIP
Dissemination of restricted information
Disseminating information that the law protects as confidential, for example details of a preliminary investigation by the Prosecutor's Office or information about children and adolescents that violates their rights.
Penalty: 1 to 3 years in prison.
Art. 180 COIP
Trespass to private property
Entering or staying in another person's home, business or occupied premises through deception or secretly, against their will. It is more serious if violence or intimidation is used, or if a public servant does it without authorization or with a fake order.
Penalty: 6 months to 1 year in prison; 1 to 3 years with violence or intimidation, and 3 to 5 if committed by a public servant or someone posing as an authority.
Art. 181 COIP
Frequently asked questions
What clients usually ask us
Can publishing private conversations constitute an offense?
Depending on the circumstances and on how they were obtained or disseminated, it may indeed give rise to criminal liability.
What should I do if my privacy was violated?
It is advisable to preserve all available evidence before it can be lost or altered.
What should I do if I receive a summons from the Prosecutor’s Office to give a statement?
It is advisable to obtain legal advice before appearing. The statement you give may affect the course of the investigation, so it is important to understand beforehand your rights and the legal implications of each step.
At what stage can a lawyer intervene?
Early intervention is often decisive. Having counsel from the preliminary investigation allows timely strategic decisions, the preservation of evidence and the proper protection of the client’s rights throughout the proceeding.
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