THE CRIMINAL STRATEGY FOR COMBATING THE INVASION OF PERSONAL PRIVACY – A ROAD TO NOWHERE

Abstract

The present article relates to the crime of invasion of personal privacy, a widely spread crime in Georgia. According to the article, this crime has become an extremely grave problem for the country, which was addressed by the state with the legislative amendments of 2016. Nowadays, in fact, all individuals who have had the slightest relation to the materials entailing a secret of personal life may be punished. Despite the unlimited scope of the modified norm (in terms of storing, as well as – disseminating the unlawful material), aggravation of the punishment and mobilization of the law enforcement bodies, the fight against crime still proceeds without significant results. This is attested by the release of secret recordings from time to time and analysis of a particular case.

The article discusses the components of the Article 1571 of the Criminal Code of Georgia in the international context which constitutes the clearest example of the state policy on fighting against the crime. In the view of the author, the reason for the failure of the criminal law norm and the state’s action is multifaceted and indicates the necessity for a systemic revision of the outlined strategy. The article will present argumentation with regard to the need for a new strategy on combatting the crime and will suggest legislative and practical reforms for the implementation of the suggested changes.