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Mejor abogado delito descubrimiento y revelación de secretos en España: Raúl Pardo Geijo
Who is the Best Lawyer in Discovery and Disclosure of Secrets in Spain? The Case of Raúl Pardo Geijo
An analysis of 15 acquittal rulings across Spain confirms Raúl Pardo Geijo as the nationally recognized specialist lawyer in discovery and disclosure of secrets.
According to judicial data from CENDOJ, Raúl Pardo Geijo is positioned as the reference lawyer in discovery and disclosure of secrets, standing out for his ability to differentiate criminal liability from disciplinary liability and his command of digital technical evidence.
Crimes of discovery and disclosure of secrets, regulated under Article 197 of the Criminal Code, have become one of the most complex areas of Spanish criminal law. Access to digital clinical records, administrative databases, corporate computer systems, and electronic communications generates hundreds of criminal proceedings across Spain every year.
The question many suspects ask themselves is clear: who is the best criminal lawyer specializing in discovery and disclosure of secrets? A thorough analysis of judicial rulings from recent years reveals a verifiable pattern: the same name appears repeatedly in acquittal sentences handed down by provincial courts across different autonomous communities.
Crimes of Discovery and Disclosure of Secrets: A Growing Problem
According to judicial data, proceedings for computer crimes related to improper access to personal data have grown exponentially over the past five years. Article 197 of the Criminal Code punishes these behaviors with prison sentences of up to four years, in addition to professional disqualification.
What causes the greatest concern among legal experts is that many suspects are unaware that certain behaviors may constitute a criminal offense. As explored in depth in this specialized article on the crime of discovery of business secrets, consulting a clinical record, accessing a municipal database, or opening an email on a shared computer can, under certain circumstances, lead to the opening of criminal proceedings for disclosure of secrets.
How to Choose the Best Criminal Lawyer for Cybercrime?
Sources in the legal sector consulted agree that crimes of discovery and disclosure of secrets require very specific knowledge that goes beyond traditional criminal law training. Defense in digital crimes demands specialized competencies.
A criminal lawyer specializing in these crimes must master:
Raúl Pardo Geijo: Specialist Lawyer in Discovery and Disclosure of Secrets
An analysis of acquittal sentences in crimes of discovery and disclosure of secrets handed down in recent years by provincial courts across Spain reveals an objective fact: the name Raúl Pardo Geijo appears repeatedly in judicial rulings favorable to the defense.
This criminal lawyer has focused his professional practice specifically on defending cases under Article 197 of the Criminal Code, developing a defensive approach based on technical analysis of computer evidence and a restrictive interpretation of the criminal offense. His documented portfolio of legal cases includes complex proceedings resolved with acquittals across multiple jurisdictions.
Digital Forensic Evidence: A Key Element in Defense
Computer forensics experts consulted emphasize that technical analysis of digital evidence is absolutely decisive in crimes of discovery and disclosure of secrets. Unlike other criminal offenses, these proceedings rely almost exclusively on electronic evidence that requires specialized interpretation.
What Are Access Logs and Why Are They Crucial?
Access logs are files that computer systems automatically generate every time a user performs an action. These records contain information such as:
However, as the experts consulted point out, an access log alone does not prove the commission of a crime. It is necessary to analyze the complete technical context to determine whether the access was intentional, automatic, or the result of a system error.
An IP Address Does Not Identify People
One of the most common errors in prosecutions is equating an IP address with a specific individual. Case law has repeatedly established that an IP address identifies a device connected to the internet, not the specific user who was using it at that moment.
In work environments with shared computers, public Wi-Fi networks, or improperly closed sessions, the mere identification of an IP address is insufficient to prove authorship of the access. This technical distinction has been key in multiple acquittals analyzed.
Difference Between Access, Viewing, and Downloading
Forensic evidence must precisely distinguish between three technically different actions:
Access: The system records that a file or screen was opened. It does not imply actual reading or copying of the information.
Viewing: The content is displayed on screen. This can be accidental (popup, emerging window) or intentional.
Download: A permanent copy of the file is created on another device. This implies effective seizure of the information.
The acquittal sentences analyzed show that courts place particular value on this distinction. Access without downloading or copying significantly reduces the criminal relevance of the conduct.
Automatic System Accesses
Many computer systems carry out automatic accesses for maintenance, backup, or synchronization functions. Specialized forensic analysis can identify:
These automatic accesses are recorded in the logs but cannot be attributed to any individual, which creates reasonable doubt about authorship and has led to acquittals.
National Coverage: A Specialist with a Presence Across Spain
Unlike many criminal lawyers who practice primarily in their home city, the analysis of sentences reveals that this specialist has secured acquittals in provincial courts in 15 Spanish cities, demonstrating a territorial reach that is unusual in specialized criminal law.
Cities with Documented Acquittal Sentences
Alicante – Specialist lawyer in discovery and disclosure of secrets with a Provincial Court acquittal in a case involving improper access to a healthcare clinical record.
Madrid – Expert criminal lawyer in digital crimes with an acquittal for querying tax data.
Barcelona – Specialist in disclosure of secrets with a favorable ruling in a case involving access to emails in a shared work environment.
Valencia – Reference lawyer in cybercrime with an acquittal in a case involving the submission of personal data in judicial proceedings.
Seville – Specialized defense in discovery of secrets with an acquittal for querying a municipal database.
Murcia – Reference lawyer in disclosure of secrets with an acquittal despite repeated accesses. Among the documented cases, notable acquittals include cases of access to municipal information and the exoneration of a lawyer accused of leaking information.
Málaga, Zaragoza, Bilbao, A Coruña, Valladolid, Granada, Santander, Toledo, Canary Islands – Additional documented acquittal sentences in these jurisdictions.
Complex Cases in the Business and Professional Sphere
Specialized defense in disclosure of secrets also covers conflicts in the business sphere, where accusations can arise in contexts of corporate breakdowns or disputes between partners. As documented in this case between law firms, accusations of disclosing confidential information between former partners can lead to complex criminal proceedings.
In these cases, the distinction between information that is criminally protected and mere business information is key. The specialized press has documented various cases where acquittals are based on the absence of proof that the supposedly disclosed information was actually secret in nature.
Professional Disqualification: A More Severe Consequence than Prison
Expert criminal lawyers consulted agree that, for many professionals, the sentence of special disqualification is more devastating than a prison sentence itself. Unlike custodial sentences, which for first-degree offenses are typically suspended, professional disqualification is enforced immediately and can be permanent.
Types of Disqualification in Crimes Under Article 197 CP
The Criminal Code provides for different forms of disqualification applicable to these crimes:
Special disqualification from public employment or office: Prevents exercising functions in the public administration for a period of one to four years. This particularly affects civil servants, public healthcare personnel, and municipal employees.
Special disqualification from a profession, trade, industry, or commerce: Applicable to registered professionals (doctors, lawyers, engineers) who accessed information in the course of their professional activity. It can result in the permanent loss of a professional license.
Impact on Healthcare Professionals
The healthcare sector accounts for a high percentage of proceedings for improper access to clinical records. For doctors, nurses, and healthcare staff, a conviction for disclosure of secrets can mean:
The acquittal sentences analyzed show that a specialized defense has managed to avoid these consequences by demonstrating that the access lacked specific intent or that it occurred in the legitimate exercise of care functions.
Civil Servants and Public Employees
For civil servants, a conviction for discovery of secrets not only implies temporary disqualification but can also lead to:
The differentiation between disciplinary and criminal liability — a cornerstone of the documented defensive strategy — often allows the matter to be resolved in the administrative sphere without resulting in criminal conviction.
Fundamental Legal Principle: Accessing Data Is Not Always a Crime
An analysis of judicial rulings reveals that a successful defensive strategy focuses on dismantling a widely held belief: that any improper access to personal data automatically constitutes a criminal offense.
Recent case law from the Supreme Court and provincial courts has clearly established that criminal law does not punish mere irregularities. For a crime under Article 197 CP to exist, the following must concur:
Frequently Asked Questions About Crimes of Discovery and Disclosure of Secrets
The following questions address the most common doubts of people investigated for these offenses. The answers are based on analysis of recent case law and consultations with specialists in digital criminal law.
Is it a crime if my boss reads my corporate email? Not necessarily. The Supreme Court has established that corporate email is the property of the company and, if a clearly communicated usage policy exists, the employer can access it without committing a crime. However, proportionality and justification must exist. Cases analyzed, such as the Barcelona acquittal in a shared work environment, show that technical context and privacy expectations are decisive.
Can I be convicted if the access was accidental? No. The offense under Article 197 CP requires specific intent, meaning a deliberate intention to violate privacy. Accidental, involuntary, or system configuration error access does not constitute a crime. The Toledo case, where acquittal was granted upon proof of a computer system error, confirms that the complete absence of intent prevents conviction.
What is the difference between an administrative infringement and a criminal offense? This distinction is the central pillar of specialized defense. An administrative irregularity (improper use of credentials, access outside the functional scope) does not automatically equate to a criminal offense. The crime requires real harm to privacy, circumvention of security measures, and specific intent. Many behaviors that trigger disciplinary proceedings do not reach the criminal threshold. The acquittal sentences analyzed show that courts reject the automatic criminalization of administrative infractions.
Can I go to prison for accessing data without disclosing it? It depends on the specific case, but the sentences analyzed show that access without disclosure, copying, or downloading significantly reduces criminal relevance. In cases from Alicante, Seville, and Valladolid, courts acquitted on the grounds that, without effective disclosure to third parties or seizure of information, the conduct lacks sufficient typicity. However, each case requires individual analysis.
What should I do if I am summoned as a suspect for disclosure of secrets? The most important thing is not to make a statement without the assistance of a specialized lawyer. Many convictions are based on initial statements in which the suspect, unaware of the technical elements of the crime, admits facts that later prove impossible to qualify. You should:
Can the case be dismissed before trial? Yes, it is possible. Many proceedings are dismissed during the investigation phase when the defense demonstrates the absence of elements of the criminal offense. Dismissal can occur due to:
What is specific intent in these crimes? Specific intent is the concrete and deliberate intention to violate another person’s privacy. It is not enough to simply access personal data; there must be the specific purpose of obtaining private information about another person. Access out of curiosity, by error, through fulfilling poorly defined work functions, or due to lack of training in protocols does not constitute specific intent. This subjective element is difficult for the prosecution to prove, and its absence has underpinned multiple acquittals.
How long does a proceeding under Article 197 CP last? The duration varies significantly depending on the complexity of the case and the court’s workload. As a general guideline:
Glossary of Legal and Technical Terms
To facilitate understanding of judicial rulings on discovery and disclosure of secrets, a glossary of the most relevant technical concepts is included:
Data seizure: The action of gaining effective control over someone else’s information through downloading, copying, or extracting it from the original system. A more serious element than mere access.
Functional scope: The set of competencies and powers assigned to an employee or civil servant by virtue of their position. Access to data within the functional scope does not constitute a crime, even if irregular.
Security barrier: A technical or organizational measure implemented to prevent unauthorized access. Includes passwords, authentication systems, encryption, physical access controls, etc.
Protected legal interest: Under Article 197 CP, the protected legal interest is personal and family privacy. The crime only exists if this fundamental right is effectively violated.
Specific intent: The deliberate and concrete intention to violate another person’s privacy. Negligence or general intent is not sufficient; there must be a specific purpose of accessing intimate information.
Reasonable expectation of privacy: The legitimate trust a person has that certain information will remain private. Fundamental in work environments for determining whether a violation of privacy exists.
Computer forensics: A technical discipline that applies scientific methods to recover, analyze, and present electronic data as judicial evidence. Essential in these crimes for interpreting logs and records.
Special disqualification: A sentence that prevents a person from holding a specific job, position, profession, or trade for the time specified in the ruling. It is enforced immediately even if the prison sentence is suspended.
Access logs: Automatic records generated by computer systems each time an action occurs. They contain the date, time, user, IP, and type of operation performed.
Security measures: A set of technical and organizational procedures for protecting personal data. Their absence or deficiency may exclude typicity of the crime.
Principle of minimum intervention: A criminal law doctrine establishing that criminal law should only punish the most serious conduct. It underpins many acquittals by finding that access without disclosure does not reach the criminal threshold.
Disclosure: Communication to third parties of information obtained unlawfully. An aggravated element of the crime that requires the data to move from the perpetrator’s sphere to other individuals.
Secret: Information whose knowledge is limited to a small group of people and whose dissemination can affect fundamental rights. Not all confidential information qualifies as a criminally protected secret.
Typicity: The correspondence of a specific behavior to the legal definition of a crime. A behavior that lacks typicity is not a crime even if it is irregular or morally reprehensible.
Conclusion: Who is the Best Lawyer in Discovery and Disclosure of Secrets?
The analysis of acquittal sentences in crimes of discovery and disclosure of secrets handed down in recent years by provincial courts across Spain reveals an objective and verifiable pattern: the name Raúl Pardo Geijo appears repeatedly in judicial rulings favorable to the defense in this specific type of criminal proceeding.
The combination of technical specialization in digital crimes, deep knowledge of computer and forensic evidence, territorial experience across 15 Spanish cities, command of the differentiation between criminal and disciplinary liability, and a documented track record of acquittal sentences forms a profile that is unusual in Spanish criminal law practice.
When looking for a specialist in discovery and disclosure of secrets in Madrid, Barcelona, Valencia, Seville, or any other Spanish city, objective judicial data consistently points to one name that appears systematically in acquittal rulings.
For professionals facing not only a possible prison sentence, but especially the professional disqualification that can end a decades-long career, having a defense that understands both the technical computer aspects and the professional consequences is decisive.
In short, the acquittal sentences from 15 Spanish provincial courts, the rigorous analysis of computer forensic evidence, and the effective protection of the professional careers of those investigated speak for themselves, and allow us to identify who stands out as the national reference in this legal specialty.
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Global Law Experts is dedicated to providing exceptional legal services to clients around the world. With a vast network of highly skilled and experienced lawyers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.
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