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Revelation Of Secrets By An Officer


Art.229

ELEMENTS OF PAR. 1 (SECRETS KNOWN BY REASON OF HIS 
OFFICIAL CAPACITY):
1. That the offender is a public officer;
2. That he knows of a secret by reason of his official capacity;
3. That he reveals such secret without authority or justifiable
    reasons; and
4. That damage, great or small, be caused to the public interest.
 
Secret must affect public interest.
 
Secrets must affect public interest. Secrets of private persons
are not included.

Espionage for the benefit of another State is not contemplated by
the article. If regarding military secrets or secrets affecting
state security, the crime may be espionage.

ELEMENTS OF PAR. 2 (WRONGFULLY DELIVERING PAPERS OR 
COPIES OF  PAPERS OF WHICH HE MAY HAVE CHARGE AND 
WHICH SHOULD NOT BE PUBLISHED):
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a third person;
5. That the delivery is wrongful; and
6. That damage be caused to public interest.

CHARGE means custody or control. If he is merely entrusted with the
papers and not with the custody thereof, he is not liable under this
article.

If the papers contain secrets which should not be published, and the
public officer having charge thereof removes and delivers them
wrongfully to a third person, the crime is revelation of secrets.
On the other hand, if the papers do not contain secrets, their
removal for an illicit purpose is infidelity in the custody of
documents.

Damage is essential to the act committed.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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