“Secreto de sumario” literally means “summary secrecy”, but in legal terms, it refers to a court-imposed secrecy order during the investigation phase of a criminal case in Spain.
It means that:
The contents of the investigation — including evidence like phone records, forensic reports, witness statements, and police reports — are kept confidential and cannot be accessed by the accused, the victim, the media, or even the lawyers involved until the judge lifts the secrecy.
📜 Why Does This Exist?
The goal of the secreto de sumario is to:
- 🛡️ Protect the integrity of the investigation
- 🧩 Prevent tampering with evidence
- 🚨 Avoid alerting other suspects
- 💬 Protect witnesses, victims, or vulnerable parties
- 🔐 Ensure a fair trial
⏳ How Long Does It Last?
There is no fixed time — it depends on the complexity of the case.
- Initially, a secrecy order can last 1 month, but a judge can extend it multiple times if necessary.
- In high-profile or delicate cases, it can last for several months — sometimes longer.
Once the judge believes the investigation can move forward without risk, the secrecy is lifted and the contents of the investigation are made available to the lawyers on both sides.
🧑⚖️ What Happens When It’s Lifted?
- All the evidence collected so far (including mobile phone reports, surveillance, forensic analysis) is sent to the parties involved.
- Your lawyer will be granted access to everything that has been compiled under the secrecy period.
- Then you can begin to build your defense or legal argument based on what’s there.
💬 Important Notes
- The secreto de sumario only applies to the investigative phase (called “fase de instrucción”).
- Once the case moves to trial (“juicio oral”), the evidence becomes accessible and can be discussed publicly in court.
- Even if the secrecy is lifted, some information may still remain protected, especially if it involves minors, vulnerable witnesses, or intimate data.
🧠 Real-Life Example
Imagine you report emotional abuse and hand over your phone with WhatsApp messages showing manipulation or threats. The Guardia Civil sends the phone to forensic analysis.
The judge might impose a “secreto de sumario” to:
- Stop the abuser from knowing what you’ve handed in
- Protect your safety
- Prevent them from destroying other evidence or intimidating witnesses
During that time, you won’t be told exactly what’s on the report — but when the secrecy is lifted, your lawyer will have full access to the contents that support your case.
❤️ What You Can Do While Waiting
- Keep in touch with your lawyer regularly to check when the secrecy might be lifted.
- Write down what you remember was on the phone — key dates, messages, or incidents.
- If you’re nervous, Victim Support Services (Oficina de Atención a la Víctima) can help explain what to expect and provide emotional support.
✅ Bottom Line
| Term | Meaning |
|---|---|
| Secreto de Sumario | A legal order that keeps the investigation secret for a period of time |
| Who imposes it? | A judge during criminal investigations |
| Who can access the evidence? | Only the judge and investigators — not even the lawyers |
| When does it end? | When the judge feels it’s safe to share the evidence (could be weeks or months) |
| Will I eventually see what’s on my phone? | Yes, if it’s relevant to your case and the secrecy order is lifted |
