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To begin with, let me remind you that in law, there is article 137 in the Criminal Code - “Privacy violation”, the first part of which tells us about the illegal collection or communication of information about the private life of a person, constituting their personal or family secret, without their consent, or communication of this information in a public speech, public work, or mass media.
For this act, criminal liability is provided, which is expressed in a fine of up to imprisonment for up to two years.
When does this article apply?
If we look at the judicial practice, then, as a rule, the circumstances are as follows: a boy and a girl were dating, after which the relationship went wrong, they broke up, and out of anger and disappointment, one of the parties begins to send out explicit photos of the other party on the Net, which they’d got for personal use.
Thus, out of jealousy or other emotions, this leaking is accompanied by outright extortion, that is under the threat of distribution of such intimate photos, the person demands any money or material values.
So, if you were sent photos of your friend or relative and these photos were expected to keep private, and you post these photos online or distribute them in other media, then these actions fall under Art. 137 of the Criminal Code.
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What do you do if such actions are committed against you?
If your photos sent by you to one of your friends or relatives were subsequently distributed to third parties, and even more so to an unlimited circle of people on the Net?
If we are talking about the first part of Art. 137 of the Criminal Code, which provides for liability precisely for the dissemination of information about the private life of an individual (specifically photographs) to another person, then this criminal case is initiated at the request of the victim himself in the investigative committee.
If we are talking about part 3 of this article, which provides for liability for posting photographs on the Internet, then under this part of the article, an application to the investigative committee is not even necessary, and if such facts are discovered, a criminal case is initiated without the victim’s report.
Given that this evidence of a crime is the media (here, the Internet, for example), the main thing you definitely should pay attention to is to consolidate this evidence.
How can this be done?
Of course, it’s best option when the suspect is called to the investigative committee and their phone is confiscated, the phone is examined and this information is found there. That is, the fact of distribution of the photos somewhere in social networks is confirmed. But this is a perfect option, which rarely happens in real life.
How can you try to make things better?
Not to let the photos be deleted, and in order for this evidence to be secured, it is necessary to contact a notary public for drawing up a notarial protocol. The procedure is as follows: you come to the notary and provide them with a cell phone, provide social network data, login and password, after which the notary, using the data provided, examines your page on social networks (YouTube channel, Tiktok, etc.) and draws up a notarial protocol.
In this protocol, the notary indicates when and under what circumstances this Internet resource was examined, what was found on it, while the notary takes a screenshot of these pictures and records videos.
What is the real practice in Criminal courts?
In practice, the following sentences are passed: in one case, the courts impose a fine of 350 usd, in another case, 160 hours of work in community services. Punishments in the form of imprisonment rarely imposed, but the very fact of criminal prosecution will always negatively affect the personal characteristics and history of the guilty person.
Summing up the above, I want to say that you can always turn to us in such cases to seek the protection of your rights both as the victim and as the accused if you were wrongfully accused, and we can always represent you both in law enforcement agencies and in court.
#privacyviolations #privacyrights #privacylaw
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