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Spying on text messages and e-mails from the partner is a crime: what do you risk?

by December 6, 2019#! 31Fri, 03 Jan 2020 16:34:16 + 0100 + 01: 001631#31Fri, 03 Jan 2020 16:34:16 + 0100 + 01: 00-4Europe / Rome3131Europe / Romex31 03 pm31pm-31Fri, 03 Jan 2020 16:34: 16 + 0100 + 01: 004Europe / Rome3131Europe / Romex312020Fri, 03 Jan 2020 16:34:16 + 0100344341pmFriday = 4159#! 31Fri, 03 Jan 2020 16:34:16 + 0100 + 01: 00Europe / Rome1#January 3rd, 20201TP, 03T! 31Fri Jan 2020 16:34:16 + 0100 + 01: 001631# / 31Fri, 03 Jan 2020 16:34:16 + 0100 + 01: 00-4Europe / Rome3131Europe / Romex31#! 31Fri, 03 Jan 2020 16:34:16 +0100+ 01: 00Europe / Rome1#One Comment

Spying on the partner's conversations, both email and sms, is a crime: there is a violation of privacy, abusive access to a computer system and robbery. What do you risk.

Spy on partner conversations, an employee or any other person it is a crime: what you risk. In fact, those who, without the permission of the legitimate owner, read email, sms and any other type of information, perform violation of privacy, illegal access computer system and, in some cases, one robbery.

The offense also exists when spying on the partner's conversations is used to obtain evidence to assert one's own right in court, for example the betrayal of the spouse for the purpose of charging the separation.

The provisions of the law extend to all types of communication: not only email and sms, but also access to the Facebook profile of others, on Whatsapp, Telegram and any other messaging program.

Therefore, what is at risk who indicator light partner conversations?

Spying on partner's sms and emails is a crime: what are the risks?

Whoever spies on other people's conversations commits a crime. In fact, that of reading sms and emails of other people, generally of the partner or of the employees, is not only a morally incorrect conduct but integrates a real circumstance of crime. To spy sms and email of the partner is a crime: what is the risk?

First, we are faced with a violation of privacy. Right there Constitutionin fact atarticle 15 enshrines the right to confidentiality of correspondence:

“The freedom and secrecy of correspondence and any other form of communication is inviolable.

Their limitation can only take place by reasoned act of the judicial authority with the guarantees established by law. "

In addition to the generic violation of privacy, those who take possession of the mobile phone (for example forenter the partner's Facebook profile) or someone else's computer to spy on conversations commits the crime of abusive access to a computer system, ex article 615 of the Criminal Code:

"Anyone who illegally enters an IT or telematic system protected by security measures or remains there against the express or tacit will of those who have the right to exclude him, is punished with imprisonment of up to three years."

But there is more. If the mobile phone or other computer device is stolen under threat or violence, it is robbery. The Court of Cassation established it in sentence no. 2429 of 10 June 2016, with which the sentence was confirmed a 1 year and 8 months of imprisonment to a man who had spied on his wife's conversations after violently stealing his cell phone.

Spying on partner's emails and sms: it is forbidden even if it serves to exercise the defense in court

Not even the need to exercise the right of defense in court. Therefore, gathering evidence justifies the conduct of spying on the conversations of others, even if, in isolated cases, there have been no pronouncements to the contrary.

Therefore, it is not allowed to spy on partner's sms or email to try a betrayal (for example for the purpose of charging the separation). Or employee infidelity (to proceed with dismissal for just cause).

What has been said must be extended to all forms of communication: email, sms, Facebook profile of the partner, Whatsapp, Telegram and other messaging applications.

So who spies on other people's conversations to gain evidence. In reality, he commits a crime himself: both a violation of privacy and abusive access to a computer system. The evidence possibly acquired by these means will not be considered by the judge. To spy sms and email of the partner is a crime: what is the risk?

As anticipated, however, there is no lack of opposing opinions. For example the Court of Rome, in 2016, established that it is not an offense to spy on the conversations of the partner. When the mobile phone is left handy, because when you live together, privacy is reduced.


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