Violation of the secrecy of private communication (Article 158 of the Criminal Code of Georgia) is a crime involving illegal interference in private conversations, correspondence, or other forms of communication. This can manifest as wiretapping, covert video or audio recording, seizing computer data, or obtaining information using other technical means without a court order or the consent of the parties. In the modern digital era, this crime is becoming increasingly relevant as technological advancements have made intruding into others' private space easier. Legislation strictly protects the inviolability of private communication and imposes liability on both private individuals and public officials who abuse their authority.
What does the Illegal Surveillance Defense service cover?
Lawyers specializing in this type of case ensure the protection of the client's interests during the investigation and court proceedings. Services include:
- Verifying the legality of covert recordings: The lawyer determines whether the accused had a legal right (e.g., a court order) to conduct the recording or wiretapping.
- Technical expertise: Conducting expertise on surveillance equipment and digital files to establish their authenticity and method of acquisition.
- Analysis of motive and intent: The defense works to prove that the recording was not made with the intent to infringe on someone's privacy (e.g., if a person was recording for their own safety in a public space).
- Suppression of evidence: If the investigation obtained evidence in violation of procedural norms, the lawyer requests its exclusion from the case file.
Common Real-World Scenarios
Charges are often related to the following scenarios:
- Jealous partner: A spouse or partner installs listening devices or spyware on their significant other's phone to detect infidelity.
- Business disputes: A competitor or partner secretly records a business meeting or obtains commercial information illegally.
- Blackmail: Using covert recordings to blackmail a person (which creates an additional crime).
- Neighbor conflict: Installing a video camera in a way that captures a neighbor's private space (yard, windows).
Georgian Legal Framework
The issue is regulated by Article 158 of the Criminal Code of Georgia (Violation of secrecy of private communication). The law prohibits unauthorized recording, eavesdropping, or storing/disseminating information obtained this way. Exceptions apply when there is a court order or recording occurs within the scope of operative-investigative activities according to the law. Also important is the Law on "Personal Data Protection," which regulates video surveillance rules.
Process and Stages
The defense strategy includes:
- Digital evidence analysis: Checking computer and mobile devices.
- Witness interrogation: Questioning individuals who could have had access to recording devices.
- Court: The defense argues that the act did not contain signs of a crime or was not intended to cause harm.
Why choose a specialist on Legal.ge?
Illegal surveillance cases require specific technical and legal knowledge. Legal.ge allows you to find lawyers versed in cybercrime and information security. They will protect your rights and ensure qualified representation. Find a defender on Legal.ge.
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