Partner surveillance: between suspicion and crime

The temptation to verify suspicions about one's partner by installing spy software (spy app) or a geolocation device is a widespread reality, fueled by the ease with which technology seems to offer answers. However, acting impulsively in these situations can have very serious legal consequences. Understanding where the lawful ends and the crime begins is fundamental to not turning a couple's problem into criminal proceedings. As a criminal lawyer in Milan, lawyer Marco Bianucci increasingly deals with cases where technology, used improperly, becomes the focus of complex judicial matters, with both criminal and civil implications, for example in the context of separation or divorce.

The regulatory framework: when spying on a partner becomes a crime

The right to privacy is rigorously protected by Italian law. The idea that this right is diminished within a marital relationship or cohabitation is a common but dangerous misconception. Installing spy software, recording conversations without the knowledge of those present, or tracking a person's movements without their consent is not a simple breach of trust, but constitutes specific criminal offenses.

Unlawful interference in private life (Art. 615-bis c.p.)

This article of the Criminal Code punishes anyone who, through the use of visual or sound recording devices, unlawfully obtains news or images related to private life taking place in the places indicated in Article 614 (domicile, private residence, and appurtenances). Installing a hidden microphone in a home or an app that activates the partner's mobile phone microphone to listen to their conversations fully falls under this offense. It is important to emphasize that the crime exists regardless of the content of the information obtained: the mere unlawful acquisition is sufficient to trigger criminal liability.

Abusive access to a computer system (Art. 615-ter c.p.)

Accessing a partner's smartphone, tablet, or computer without their authorization constitutes the crime of abusive access to a computer system. This applies even if one knows the password. The legal interest protected is the so-called 'computer domicile,' the virtual space where each individual stores their personal data. Reading emails, WhatsApp messages, scrolling through the photo gallery, or installing a spy app are all actions that fall under this serious crime, punishable by imprisonment.

Are unlawful evidence usable in separation proceedings?

One of the most frequent questions concerns the usability of illegally obtained evidence, such as chats or photos, in potential separation or divorce proceedings to prove a spouse's infidelity. The general rule is that evidence obtained in violation of the law cannot be used in criminal proceedings. In civil matters, the issue is more nuanced, but the risk is enormous. A judge might decide not to admit such evidence. But, even more seriously, the person who produces such evidence in court effectively denounces themselves for the crimes committed to obtain it, exposing themselves to a complaint from their partner and subsequent criminal proceedings.

The approach of the Bianucci Law Firm

Faced with such delicate situations, which intertwine emotional dynamics and complex legal implications, the approach of lawyer Marco Bianucci, an expert criminal lawyer in Milan, is based on strategic and prudent analysis. The firm does not limit itself to evaluating a single conduct but analyzes the complete picture to define the best course of action, whether it is defending someone accused of committing an offense or protecting a victim of a privacy violation. The goal is to manage the criminal implications while simultaneously assessing the strategic repercussions within any civil proceedings, protecting the client from missteps that could jeopardize their position.

Frequently Asked Questions

Is installing a spy app on my husband's or wife's phone a crime?

Yes, it is an action that can constitute multiple crimes, including abusive access to a computer system (Art. 615-ter c.p.) and unlawful interference in private life (Art. 615-bis c.p.). The marital or affective relationship does not constitute justification and does not exclude criminal liability.

Are secretly obtained WhatsApp chats valid proof for divorce?

Generally no. Evidence obtained by violating the law, such as secretly accessing a partner's smartphone, is considered unlawful. Although a civil judge could theoretically consider it, the main risk is that its presentation in court could expose the person who produced it to a complaint for criminal offenses.

What are the risks if I am accused of spying on my partner?

The risks are significant and include a criminal conviction, which can result in imprisonment, as well as the payment of a fine and compensation for moral and material damages caused to the victim. A criminal conviction can also have serious repercussions on one's professional and personal life.

How can I prove that my partner has been spying on me?

If you suspect you are a victim of computer espionage, it is crucial to act cautiously. Avoid deleting data or resetting the device. The best solution is to contact a lawyer and a forensic IT consultant to conduct an expert examination of the device. This technical analysis can certify the presence of spy software and constitute solid evidence for a criminal complaint.

Request a Consultation to Protect Your Rights

Issues related to the use of spy apps and partner geolocation are complex and fraught with risks. Acting without legal guidance can lead to irreparable consequences. If you find yourself in a situation of uncertainty, whether as a potential victim or as someone who acted out of suspicion, it is crucial to understand your legal position. Contact the Bianucci Law Firm in Milan to request a consultation with lawyer Marco Bianucci. An in-depth analysis of your case is the first step to protecting your rights and defining the most appropriate strategy.