Privacy Protection in Marital Crisis

The end of a relationship is a moment of great vulnerability, where the temptation to seek answers by spying on a partner's electronic devices can be strong. Suspicions of infidelity or the need to find evidence for separation can push one to cross a very dangerous line, with often underestimated legal implications. Understanding what is permissible and what constitutes a crime is crucial to avoid compromising one's legal standing. As a lawyer specializing in family law in Milan, Avv. Marco Bianucci deals daily with the complex dynamics that link marital crisis to privacy violations, guiding his clients towards informed and legally sound choices.

The Line Between Seeking Evidence and Committing a Crime

The right to the privacy of communications is protected by the Constitution and the criminal code, and the marital bond does not constitute authorization to violate it. Accessing a spouse's smartphone, email account, or social media profiles without consent, even if you know the passwords, can constitute various criminal offenses. The most common is unlawful access to a computer or telematic system (Art. 615-ter of the Italian Criminal Code), which occurs when one gains access to another person's device or account against their will, expressed or implied. Even simply reading private emails or messages can fall under the crime of correspondence violation, aggravated if the content is disclosed.

It is a common mistake to think that prior sharing of access credentials justifies intrusion for espionage purposes. The moment trust breaks down and the access is used for unauthorized purposes and without the owner's knowledge, the access becomes illicit. Installing spyware on a partner's devices is an even more serious action, which can constitute the crime of installing equipment intended to intercept communications, with severe penalties. These actions are not only illegal but can have devastating personal and legal consequences.

Illegally Obtained Evidence is Inadmissible

A crucial aspect, often overlooked, is that evidence collected by violating a spouse's privacy is, in almost all cases, inadmissible in separation or divorce proceedings. A civil judge cannot base their decision, for example, on assigning fault for the separation, on evidentiary elements obtained by committing a crime. Therefore, the effort to find the 'queen's evidence' through illegal action is not only useless for the civil proceedings but exposes the perpetrator to serious risk. The person whose privacy has been violated has the right to file a complaint, initiating a parallel criminal proceeding that can result in a conviction and the obligation to pay damages.

The Approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, a lawyer specializing in family law in Milan, is based on a core principle: client protection is built on solid and legitimate legal strategies, not on impulsive and risky actions. Instead of encouraging the search for evidence through illicit methods, the firm focuses on building a strong defense strategy based on admissible evidentiary elements. This includes analyzing documents, using qualified testimonies, or, if necessary, resorting to authorized private investigators who operate in full compliance with the law. The goal is to achieve the best possible outcome for the client, whether it's assigning fault for the separation or defining fair financial agreements, without exposing them to counterproductive criminal risks.

Frequently Asked Questions

Can I use my spouse's WhatsApp chats as evidence for assigning fault?

Their admissibility depends solely on how they were acquired. If the chats are read on a device left unattended and unlocked, jurisprudence tends to consider them valid documentary evidence. If, on the other hand, access was gained by bypassing security, taking the phone, or using credentials obtained without consent, the acquisition is illicit. Consequently, the evidence will not only be inadmissible in the separation proceedings, but the act itself constitutes a crime.

Is spying on a spouse's phone a crime?

Yes, in most cases, it is a crime. The act of deliberately accessing someone else's mobile phone without authorization to check their messages, emails, or files constitutes the crime of unlawful access to a computer system. The marital bond does not grant any right to spy on a partner. Privacy is an inviolable individual right, and its violation has criminal consequences, regardless of personal motivations.

What are the risks if I read my husband's or wife's emails?

Reading your spouse's emails without their consent exposes you to serious legal risks. Firstly, you commit a crime for which the victim can file a complaint, initiating criminal proceedings. Secondly, any information discovered in this way cannot be used as evidence in separation proceedings. Finally, such behavior can be viewed negatively by the judge, weakening your credibility and procedural position.

How can I protect my privacy during separation?

It is essential to take certain precautions to protect your personal data. It is advisable to immediately change the passwords for all main accounts (email, social networks, online banking), enable two-factor authentication where possible, perform a security check on your devices to rule out the presence of spyware, and be cautious when using shared computers. Consulting an experienced lawyer can also help you fully understand your rights and the actions to take to protect yourself.

Contacts for a Consultation in Milan

Managing a marital crisis requires clarity, balance, and expert legal guidance to avoid missteps that could have serious repercussions. If you are facing a complex situation and have doubts about how to protect your rights and privacy, Avv. Marco Bianucci offers his consolidated experience to analyze your specific case. Contact Studio Legale Bianucci, located in Milan at via Alberto da Giussano 26, to receive a professional assessment and define the safest and most effective strategy for your situation.