El Tribunal Supremo («TS») acaba de fallar que difundir imágenes de una persona que afectan gravemente a la intimidad es un delito de descubrimiento y revelación de secretos del art. 197.7 del Código Penal («CP») aunque quien lo haga cuente con un relativo consentimiento del titular, como publica El Periódico.
El caso trataba de un individuo que recibió una foto de una amiga en la que ésta aparecía desnuda y que ella misma le había mandado. El receptor decidió por su cuenta y riesgo enviársela al novio de la chica y a partir de aquí la historia termina con una sentencia del TS que confirma la multa de más de mil euros que se le impuso al delincuente en instancia.
Con esta sentencia, en la que ha sido ponente Manuel Marchena, el TS abre la puerta a la forma en la que podrían tratarse los conocidos popularmente como actos de revenge porn o acciones cometidas por despecho o situaciones sentimentales conflictivas en las que el autor se prevale de fotos o vídeos íntimos de la víctima (que nunca fueron concebidas o creadas para su difusión) difundiéndolas para hacerle daño en su esfera social, personal y profesional, generalmente, menoscabando su intimidad y privacidad, pero no no sólo (honor, buena reputación, etc.).
¿Qué dice el tipo del artículo 197.7 del CP?
«Será castigado con una pena de prisión de tres meses a un año o multa de seis a doce meses el que, sin autorización de la persona afectada, difunda, revele o ceda a terceros imágenes o grabaciones audiovisuales de aquélla que hubiera obtenido con su anuencia en un domicilio o en cualquier otro lugar fuera del alcance de la mirada de terceros, cuando la divulgación menoscabe gravemente la intimidad personal de esa persona.
La pena se impondrá en su mitad superior cuando los hechos hubieran sido cometidos por el cónyuge o por persona que esté o haya estado unida a él por análoga relación de afectividad, aun sin convivencia, la víctima fuera menor de edad o una persona con discapacidad necesitada de especial protección, o los hechos se hubieran cometido con una finalidad lucrativa.»
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