Correspondence Privacy Defense Lawyers | Legal.ge

ViolationofCorrespondencePrivacyDefense

Is reading someone else's SMS punishable?

Yes, if done without the owner's permission, it is a crime under Article 159.

Can a spouse check their partner's phone?

No, the law makes no exception for spouses. Privacy of correspondence is protected even from family members.

What is the penalty for violating correspondence privacy?

Fine, corrective labor, or imprisonment for up to 3 years.

Can a company read employee emails?

Only if the employee was warned in advance about monitoring and it is a corporate email.

Violation of the secrecy of correspondence, telephone conversations, or other messages (Article 159 of the Criminal Code of Georgia) is an infringement of a constitutionally guaranteed right. This crime involves illegally obtaining, reading, or disseminating someone else's letters, emails, SMS messages, or social media correspondence. Often, people do not realize that opening another person's phone (even a spouse's or child's) and reading messages without permission is a criminal offense. Charges can be brought against both an individual and a company employee (e.g., an administrator) who abused their professional access.

What does the Correspondence Privacy Defense service cover?

Lawyers offer qualified assistance to refute or mitigate charges:

Verifying legality of access: The lawyer investigates whether the accused had permission (even oral) to access the correspondence.
Technical analysis: Determining how the information was obtained — was it password hacking or obtained from an open source.
Damage assessment: Whether the action caused substantial harm to the victim.
Distinguishing civil disputes: Often these issues are part of a civil dispute rather than a criminal one.

Common Real-World Scenarios

Charges are often related to:

Spousal conflict: Checking a phone to prove infidelity.
Employer control: Monitoring an employee's corporate email or private correspondence without warning.
Hacking attack: Hacking a social network account.

Georgian Legal Framework

Article 159 protects the secrecy of correspondence. The crime is punishable by a fine, corrective labor, or imprisonment for up to 3 years. If the act is committed using an official position, the penalty is stricter.

Process and Stages

The defense strategy includes:

Fact investigation: Inspecting devices.
Witness interrogation: Confirming the existence of permission.
Court: Presenting defense arguments.

Why choose a specialist on Legal.ge?

In the digital communication era, this crime becomes complex to manage. Legal.ge gives you access to technologically savvy lawyers. Find a defender on Legal.ge.