Article 137 of the criminal code. Violation of privacy

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2018-03-18 01:00:19

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Recently the world establish the right of privacy. It happened at the end of the 19th century. During the bourgeois revolutions immunity is widespread in Europe. The same regulatory consolidation was conducted in French law. In the bill of rights and the US Constitution this right is not positively fixed. However, it is inferred from several amendments to the Basic law of the country. article 137 of the criminal code

Historical information

The First scientific elaboration of the right of privacy was reflected in article Brandeis and Warren – legal scholars. The work was published in 1890 in the United States. Subsequently, this right was supported by a number of precedents of the armed forces of America. The Supreme court based its existence and brought some amendments to the Constitution. In 40-50-ies of the right of privacy was recorded by several international treaties. Their standards were implemented (implemented) in the legislation of many States, among which was the Soviet Union, and later Russia. The subsequent development of the law has received some precedents in Strasbourg in the European court.

Regulatory framework in Russia

In Russia the privacy of citizens is established by articles 23 and 24 of the Constitution. Among the regulations governing this right, there are FZ "On personal data", the civil code, as well as international treaties. Of the latest, the greatest significance of the Declaration on human rights, Convention on protection of the international Covenant. Privacy in the Russian Federation is guarded by article 137 of the criminal code. article 137 of the criminal code of the Russian Federation

Main categories

What exactly protects article 137 of the criminal code? The review is as follows.

The Rights of man and of the citizen include:

  • A ban on the collection, use and storage of information about other people without their permission;
  • Protection of honour and reputation;
  • Providing independent control of information about yourself;
  • Protection of individual data;
  • The privacy of communications.

In article 137 of the criminal code, the legislator also included the secret of adoption, medical diagnosis, confession. article 137 of the criminal code review

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The Concept of private life

In law this term is denoted as the subjective right of a person to conduct the way of life that provides for his personal beliefs, moral values and worldview. It does not exist separately from social concepts. For example, a holiday, which is considered an element of privacy, can be considered as a form of public relations.

Features

Private life is based on:

  • The confidentiality of those aspects of human existence that do not relate to public relations;
  • Principle of conservation of personal status.

article 137 and 138 of the criminal code

The main parties of private life include:

  1. The House, including the right to inviolability of the home.
  2. Family. In a legal context has the right to confidentiality, relatives may not testify in court against each other.
  3. Gen. Person has the right to organize in your home and family as it sees fit.
  4. Correspondence. The state guarantees the secrecy of correspondence.
  5. Health. A person may not disclose the state of his health, the doctor is obliged to keep the secret of the diagnosis.
  6. Religion. Citizens have the ability to be in any religious organization or to be atheists.

The above aspects protect article 137, 138 of the criminal code. The legislator provides for different types of responsibility for infringement of these rights. article 137 the criminal code part

Article 137 of the criminal code: composition

The Norm of the Criminal code establishes liability for illegal collection, dissemination and storage of information concerning the private life of a citizen relating to his personal or family secret, without his consent or spreading this information in public statements on display to the public works or media. Article 137 of the criminal code as punishment defines:

  1. Fine of up to 200,000 rubles or in the amount of wages or other income of the perpetrator for 18 months.
  2. Compulsory work up to 360 hours.
  3. Imprisonment for 2 years with prohibition to occupy certain posts and positions or to exercise certain activities for a term up to 3 years.
  4. Correctional labor for 1 year.
  5. The Arrest of up to 4 months.
  6. Forced labour for up to 2 years with subsequent deprivation of the right to engage in certain activities or to stay in certain posts and positions or without it.

Responsibility in the use of official position

Article 137 of the criminal code for the above acts in this case States:

  1. Deprivation of the right to remain at certain posts and positions or to exercise certain activities for a term of 2 to 5 years.
  2. The Arrest of up to 6 months.
  3. Forced labour for up to 4 years with the prohibition to perform certain duties and exercise certain activities for five years or without it.
  4. A Fine of 100 to 300 thousand rubles or in the amount of s/n or other income of the perpetrator for a period of one year to 2 years.
  5. Imprisonment up to 4 years with a ban on occupying a number of posts and positions and carry out certain activities for five years.

article 137 of the criminal code for minors

Article 137 of the criminal code for minors

The Law protects the right to privacy of persons who have not attained 18 years of age. In particular, article 137 of the criminal code included the following.

The Spread in publicly displayed work or in the performance of the media or channels of information-telecommunication networks data indicating the identity of the victim of the citizen, under the age of 18, in a criminal case or information that contains a description of the moral or physical suffering that occurred as a result of a crime that resulted in a mental disorder or other serious consequences, shall be unlawful.

Article 137 of the criminal code establishes liability for the above offences:

  1. Forced labor up to 5 years with deprivation of the possibility to occupy certain posts and positions or to exercise certain activities for a period of 6 years or without such.
  2. A Fine of 150 to 350 thousand rubles or in the amount of s/n or other income of the perpetrator for a period of 18 months. up to 3 years.
  3. The Prohibition to stay in certain posts or positions in the next 3-5 years.
  4. The Arrest of up to six months.
  5. Imprisonment up to 5 years with prohibition to stay in certain posts and perform certain actions within 6 years.

In conclusion

Thus, the state ensures the protection of private life of any citizen, including those under the age of majority. This allows people to feel free and to understand that they live in a democratic country. For violation or infringement of the rights citizens can appeal to court in the General order. Remember that nobody has the right to infringe on the good name, honor and privacy of other people who belong to them from birth.

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Article in other languages:

AR: https://www.tostpost.com/ar/the-law/4636-137.html

BE: https://www.tostpost.com/be/zakon/8243-artykul-137-kk-rf-parushenne-nedatykal-nasc-pryvatnay-zhyccya.html

DE: https://www.tostpost.com/de/das-gesetz/8245-137-artikel-des-strafgesetzbuches-der-russischen-f-deration-verletzung.html

ES: https://www.tostpost.com/es/la-ley/8250-137-el-art-culo-del-c-digo-penal-de-la-federaci-n-rusa-violaci-n-de-la.html

HI: https://www.tostpost.com/hi/the-law/4639-137.html

JA: https://www.tostpost.com/ja/the-law/4637-137.html

KK: https://www.tostpost.com/kk/za/8246-137-bap-rf-k-zheke-m-rge-ol-s-ylmaushyly-ty-b-zu.html

PL: https://www.tostpost.com/pl/prawo/8247-137-artyku-kodeksu-karnego-naruszenie-prywatno-ci.html

PT: https://www.tostpost.com/pt/a-lei/8241-137-artigo-do-c-digo-penal-viola-o-de-privacidade.html

TR: https://www.tostpost.com/tr/hukuk/8252-137-madde-ceza-kanunu-nun-gizlilik-ihlali.html

UK: https://www.tostpost.com/uk/zakon/8248-stattya-137-kk-rf-porushennya-nedotorkannost-privatnogo-zhittya.html

ZH: https://www.tostpost.com/zh/the-law/5032-137.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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