Difusión no autorizada de imágenes y grabaciones audiovisuales obtenidas con el consentimiento de la víctima (artículo 197.7 del Código penal): a propósito de la Sentencia del Tribunal Supremo 70/2020, de 24 de febrero

Abstract

Organic Law 1/2015, of March 30, introduced a new crime against privacy in the seventh numeral of article 197 of the Criminal Code, that punishes the unauthorized dissemination of intimate content obtained with the consent of the victim. Since its entry into force, due to the deficient legislative technique used, several interpretations have arisen in the doctrinal and jurisprudential field around various aspects of the precept, which gave rise to contradictory jurisprudential pronouncements in different Provincial Courts, which are analyzed in the first part of this work. Next, the Supreme Court Sentence 70/2020, of February 24, is discussed, which resolved a cassation appeal promoted by the defense of a convicted person in application of the cited article and which clarified some of these discrepancies set out by the doctrine and Jurisprudence. After that, this work ends with the presentation of some brief final reflections regarding the regulation and the aforementioned Judgment.