The Elements of the Offence and the Subject
Article 320 of the Criminal Code governs the disclosure of state secrets. Under its first part, the offence is the intentional disclosure of a state secret, or disclosure by a person who knew the secret because of their official position or to whom it was entrusted — provided the act bears no signs of the conduct connected with state treason and espionage that other provisions of the Code cover.
The two forms of the composition differ in their subjective side: the first is intentional disclosure, while the second is disclosure by a person who possessed the secret through official position or entrustment. For the defence this distinction is fundamental: the second form does not demand the same kind of intent — the case turns on awareness and the boundaries of official duty, and it is precisely there that the line between lawful transmission and violation is drawn.