What Article 159 of the Criminal Code Protects
Article 159 of the Criminal Code of Georgia protects the secrecy of private correspondence, postal shipments, telephone and other technically mediated conversations, and messages received or transmitted by telegraph, computer systems, fax, or other technical means. Under the article, it is a crime to unlawfully obtain, open, acquaint oneself with the content of, or store such information, as well as to unlawfully use it, disseminate it, or otherwise make it accessible to others. In contemporary life, where the overwhelming majority of communication takes place in electronic form, this norm is one of the most demanded instruments for the protection of private life. At the same time, charges under this article are frequently built on complex technical evidence, which opens broad opportunities for the defense. If proceedings on these grounds have been initiated against you, it is essential that an experienced lawyer join the process in due time and takes control of how the evidence is examined.
The Two Basic Forms of the Conduct
Article 159 is structured around two basic forms of criminal conduct. The first form covers the unlawful obtaining, opening, acquainting with the content, or storing of private correspondence or postal shipments, recordings of telephone or other conversations, and messages received or transmitted through telegraph, computer systems, fax, or other technical means. This conduct is punished by a fine, or corrective labor for a term of up to two years, or imprisonment for a term of up to three years. The second form is more serious, because it concerns the unlawful use, dissemination, or other ensuring of accessibility of information that has already been obtained. This conduct is punished by imprisonment for a term of two to five years. The difference is fundamental: it is one thing to obtain or become acquainted with someone else's message, and quite another to disseminate that information and carry it to third parties, which spreads the harm on a much larger scale. Determining which form of the conduct is charged, and proving the exact boundary between them, is often the central dispute in these cases.
Aggravated Composition and Stricter Punishments
The law defines circumstances that make the punishment significantly stricter. Where the conduct covered by the first or second form is committed for mercenary motives or more than once, the offender faces imprisonment for a term of three to six years. Even stricter liability applies where such conduct caused significant damage or was committed through the use of an official position. In that case the punishment is imprisonment for a term of three to seven years, with deprivation of the right to hold an office or to carry out an activity for a term of up to three years. The mercenary motive must be established by the prosecution, and in cases of repeated commission the law presupposes an aggregation of earlier similar acts. The sign of using an official position is particularly relevant to those persons who, by virtue of their official authority, have access to communications, and who exploit that access for private purposes. For the defense, each of these aggravating circumstances is a separate battlefield: they must be proven specifically, and their absence returns the case to the basic composition with a substantially lighter sanction.