The lawyer warned about criminal liability for checking the partner's phone
Illegal access to other people's correspondence in Russia may entail civil and criminal liability. The mere fact of accessing a partner's phone does not give them the right to read their messages without the owner's consent. Anton Pivovarov, a lawyer at the Moscow SED LEX Bar Association, told Izvestia on May 22.
"If the device was opened without the owner's knowledge, and the correspondence was studied or recorded without consent, this may be considered a violation of the constitutional right to privacy of correspondence," he said.
According to the lawyer, responsibility for illegal familiarization with correspondence, telephone conversations and other messages is provided for in Article 138 of the Criminal Code of the Russian Federation. A common misconception is that access to the phone automatically allows you to read private messages.
To initiate a criminal case, it is usually necessary to confirm the fact of illegal access and familiarization with correspondence. The evidence may be screenshots, digital examination data, account login information, witness statements, correspondence between the parties, or a confession from the person who gained access.
Pivovarov noted that the dissemination of messages to third parties increases legal risks. If the correspondence was published on the Internet, sent to relatives, an employer, or used for pressure, the courts usually assess such actions more strictly.
In addition, the victim may claim compensation for moral damage in a civil procedure. The amount of payments depends on the circumstances, the amount of information disseminated, the consequences for personal life and the degree of interference in private life.
Exceptions are possible only in limited cases.: with the consent of the owner of the phone, or as part of operational investigative activities or investigative actions based on the law and a court decision. Jealousy, domestic conflict, or suspicion of infidelity by themselves do not give the right to violate the secrecy of someone else's correspondence.
On April 15, Sofya Lukinova, head of the legal department of VMT Consult, said that insults in a house chat addressed to other residents entail a fine, slander can lead to a fine of up to 500 thousand rubles, and threats can lead to criminal punishment up to imprisonment. According to her, complaining about neighbors in chat rooms is acceptable, but it is important to maintain a neutral tone and not use offensive language.
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