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Yes, being sentenced to prison is a real possibility in these cases. And not only for spying onyour mobile phone , tablet, email, personal computer or any device of your partner , but also that of an employee, a friend, a family member and even, except in certain and exceptional circumstances, that of your minor child . It is a criminal act for our legal system. The Spanish Penal Code punishes the discovery and disclosure of secrets as a crime against privacy , based on the constitutional right to the inviolability of communications and to preserve privacy personal.
The penalty imposed as a result of this behavior can range between one and four years in prison. And the thing is not there. When spying on someone else’s mobile phone, other crimes can be committed simultaneously; for example, against integrity.
Not even an alleged purpose of providing certain evidence to a judicial process covers this conduct of spying on privacy, since fundamental rights can only be restricted by a judge in the exercise of their functions, in the framework of an investigation and with due guarantees.
On the other hand, evidence obtained illegally can not be provided in a process, so, in addition to constituting a possible crime, will not be admitted or valued by the judge in charge of the case. Recently the courts have accepted that parental authority – the so-called parental authority– protects parents to review their minor child’s communications if that behavior is clearly aimed at protecting them or preventing behaviors that may cause harm . Between the members of the couple, nevertheless, it is necessary to take care of the circumstances of the case, because it will not be the same to accede to the mail of the other after installing a spy program that to see a message or a conversation casually on the screen that has been left unprotected so that it is within the sight of anyone. In any case, keep an eye on the phone of your relatives. Apart from being an ethically reprehensible behavior, you know that you can be prosecuted as responsible for a criminal offense against privacy.