The Criminal Risks of Digital Surveillance in Relationships

In the digital age, the temptation to seek answers to sentimental doubts through technology is increasingly common. However, what is often perceived as a legitimate attempt to discover the truth about alleged infidelity or suspicious behavior can quickly turn into a serious legal problem. As a lawyer specializing in criminal law in Milan, Avv. Marco Bianucci daily observes how unauthorized access to a partner's personal accounts, whether social media profiles, email inboxes, or instant messaging, is not considered by the law as a simple privacy violation, but constitutes actual crimes prosecutable ex officio or upon complaint.

The Regulatory Framework: Abusive Access and Violation of Correspondence

Italian jurisprudence is very strict regarding the protection of individual digital spheres, even within marriage or cohabitation. The primary offense that arises in these situations is abusive access to computer or telematic systems, provided for by Article 615 ter of the Criminal Code. It is crucial to understand that the marital bond does not negate the right to privacy of each spouse. Even if one knows their partner's password, using it to access the device or account against the owner's will (expressed or tacit) constitutes a crime. The Court of Cassation has repeatedly reiterated that knowledge of credentials, perhaps shared in the past for specific purposes, does not authorize indiscriminate access for surveillance purposes. To this can be added the crime of violation, abstraction, and suppression of correspondence (Art. 616 c.p.), if emails or messages intended solely for the partner are read.

The Approach of the Bianucci Law Firm to Criminal Defense

When dealing with proceedings related to cybercrimes in a family context, an extremely accurate defensive strategy is required. The approach of Avv. Marco Bianucci, a lawyer specializing in criminal law in Milan, is based on a thorough technical and legal analysis of the factual events. It is not enough to evaluate the action itself; it is essential to contextualize the methods by which access occurred: were passwords saved automatically? Was there a habit of promiscuous device use? The objective of the Bianucci Law Firm is to examine every detail to build a solid defense line, whether assisting the person investigated for having accessed the system or protecting the offended party who suffered the intrusion. The management of digital evidence requires specific expertise to assess its admissibility and relevance in criminal proceedings, preventing a moment of emotional fragility from irremediably compromising the client's criminal record.

Frequently Asked Questions

If I know my wife's or husband's password, can I check their emails?

No, knowing the password does not imply implicit authorization to access the account for surveillance. If access occurs against the owner's will or for purposes other than those for which the password was shared, you still risk a complaint for abusive access to a computer system.

What am I risking if I install spy software on my partner's phone?

Installing software to intercept communications or geolocate a partner without their consent constitutes very serious offenses, including unlawful interference in private life and fraudulent interception of communications. Penalties can be severe and lead to permanent consequences on one's criminal record.

Can I use discovered messages as proof of infidelity in a separation case?

This is a delicate issue. Generally, evidence obtained by committing a crime (such as abusive access) should not be admissible. However, in civil proceedings, judges sometimes admit evidence if it does not violate fundamental constitutional rights, but the risk is twofold: the evidence may not be admitted, and the person who produced it could face criminal proceedings. It is essential to consult a lawyer specializing in criminal law before acting.

How can I defend myself if I am reported for looking at my partner's phone?

It is necessary to appoint a defense counsel immediately. The defense strategy could be based on demonstrating the absence of intent, habitual sharing of devices, or the absence of security measures that made the system protected. Avv. Marco Bianucci will evaluate the specific case to identify the best defense strategy.

Request a Legal Consultation in Milan

The consequences of an impulsive action driven by jealousy can be complex and long-lasting. If you find yourself involved in a situation concerning access to a partner's devices or accounts, or if you fear your privacy has been violated, it is crucial to act with awareness. Avv. Marco Bianucci, a lawyer specializing in criminal law, is available at the office located at Via Alberto da Giussano, 26 in Milan, to analyze your position and define the most suitable legal path for your needs. Contact the firm to schedule an appointment and receive professional and confidential advice.