Disclosure of Official Secrets: Commentary on Judgment No. 3755 of 2024

The recent Judgment No. 3755 of 2024 by the Court of Cassation provides an important point of reflection on the responsibilities connected to the disclosure of official secrets, particularly regarding the role of "extraneus" and their subsequent conduct. This case involves the defendant D. P., and it continues a series of judicial rulings that have outlined the boundary between illicit conduct and permissible behavior within the context of public administration.

The Significance of the Judgment

The Court has established that a public official or a person entrusted with a public service, after having contributed, as an "extraneus," to the revelation of a secret-covered news item, may be held responsible for the autonomous disclosure of such information, provided that the news was supposed to remain secret and that the agent had the obligation to prevent its further dissemination.

Disclosure of confidential information by the "intraneus" induced by the "extraneus" - Autonomous and subsequent disclosure by the "extraneus" - Concurrence of crimes - Configurability - Conditions. The crime of disclosure of official secrets is constituted by the conduct of the public official or person entrusted with a public service who, after having contributed, as an "extraneus," to the disclosure by others of a secret-covered news item, autonomously and subsequently discloses the content of such revelations, provided that the news was supposed to remain secret and the agent, due to the functions performed, had the obligation to prevent further dissemination.

The Role of the Extraneus in the Disclosure of Secrets

The figure of the extraneus is crucial in the context of this judgment. These are individuals who, while not having direct access to the secret, can influence its disclosure. The Court clarified that responsibility is not limited to the moment of the first disclosure but also extends to those who subsequently decide to make a confidential news item public.

  • Responsibility of the public official
  • Autonomous and subsequent conduct of the extraneus
  • Obligation to maintain secrecy

Conclusions

Judgment No. 3755 of 2024 represents a further step in defining the responsibilities related to the disclosure of official secrets. Jurisprudence is moving towards greater attention in the dynamics of collaboration between internal and external subjects to public administration, highlighting the importance of respecting official secrecy. It is essential that public officials are fully aware of the legal consequences of their actions, especially in a context where confidential information can have a significant impact on the community.

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