Arbitrage practice
Examples of judicial practice include sentences:
- O. and K. were in a sexual relationship for a certain period of time. O. agreed to several nude photographs. When the relationship between these citizens broke up, K. told the latter that he had deleted all the pictures. Subsequently, K. created an account on social networks on behalf of O. and posted these pictures there. The victim found out and reported to law enforcement authorities. The actions are qualified under Article 137 of the Criminal Code. After considering the case materials, the court decided to assign mandatory work. Duration – 160 hours. In addition, O. filed a claim for compensation for moral damage. She was ordered to pay her 15 thousand rubles.
- Citizen N. had been collecting information regarding his friend citizen G. for some time. However, the latter did not give her consent to this. In addition, N. rummaged through the victim’s things several times and eventually found a disk drive containing intimate photos. He then hacked the victim’s email and distributed the resulting photos on social networks. Based on the results of the consideration, the judicial authority found N. guilty of committing an assault under Article 137 of the Criminal Code. Punishment: 200 hours of compulsory work.
All persons have the right to protect their own secrets. Protection of interests is realized when a person, without any reason, interferes with private life.
Characteristic
Disclosure of personal data 137 of the Criminal Code of the Russian Federation is presented by the legislator in the form of collecting or disseminating information that affects a person’s private life. The collection is carried out illegally.
The application of this rule applies to cases where:
- information related to family secrets is collected or disseminated, or is of a personal nature;
- the victim did not consent to disseminate information;
- the distributor used the media.
The edition of the code provides that in this situation a penalty is applied to the perpetrator. The amount is set to 200 thousand rubles. The court's decision may be based on the income level of the offender. The period is fixed at 18 months. Art. 137 of the Criminal Code of the Russian Federation also provides for the use of mandatory work. The period is set at 360 hours. Correctional labor is established for 12 months.
As an additional measure, the perpetrator’s rights to hold a position or activity are limited. The period is three years. The crime is also punishable by arrest for 4 months or the guilty person is deprived of freedom for two years.
If a collector or other person took advantage of his official position to commit this offense, then the punishment will change upward. The Code of Administrative Offenses does not establish similar provisions. The fine increases and ranges from 100 to 300 thousand rubles. A violator may be deprived of the right to hold a position or activity. The period in this case varies from 2 to 5 years. Forced labor is applied for 4 years. In addition, the culprit can be arrested for six months or imprisoned for 4 years.
If the unlawful distribution is related to the use of the media, public speaking and other similar forms and affects the interests of a minor, then the provisions of Part 3 of the norm in question apply. It is worth noting that the information provided relates to a criminal case involving a child or reflects the suffering he received, which led to grave consequences. They can be expressed in mental or physical manifestations.
When the case is considered by the court, the perpetrator will receive penalties. Their size is set in the range from 150 to 350 thousand rubles. 137 of the Criminal Code of the Russian Federation, violation of privacy provides for the deprivation of the perpetrator of the right to occupy a certain position or activity. The legislator sets the period for this measure from 3 to 5 years. Compulsory labor is applicable, which is set for five years. The culprit is arrested for six months or imprisoned for five years.
