Woman sentenced for accessing ex-boyfriend’s Facebook account

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The agreement concluded with the South District Prosecutor’s Office on 16 May 2016:

In January 2015 Maarja Laanemetsa (32) without authorization logged into www.facebook.com account of L.L (her ex-boyfriend) and took a screenshots of L.L.’s private conversations (with other women).  These actions qualify to Penal Code paragraph §217 “Illegal obtaining of access to computer systems” subsection (1) “Illegal obtaining of access to computer systems by elimination or avoidance of means of protection is punishable by a pecuniary punishment or up to three years’ imprisonment”.

Moreover, after entering social network and illegally taking the screenshots of L.L.’s private conversations, the accused forwarded the conversations to K.M (L.L.’s new partner) thereby violating Penal Code paragraph §156 “Violation of confidentiality of messages” subsection (1) “Violation of the confidentiality of a message communicated by a letter or other means of communication is punishable by a pecuniary punishment.”

Type and amount of the penalty:
Prosecutor pursuant to Penal Code paragraph §63 subsection 1 asks the court to sentence the accused for two month imprisonment. On the basis of the Penal Code paragraph §73 section (1) sentence imposed is not enforced in full unless during one year probation period the accused commits a new intentional crime.

The accused shall reimburse the costs of criminal proceedings:
State legal fees of EUR 48 and according to Code of Criminal Procedure paragraph §179 section (1) subsection 2 compensation of EUR 645 (1.5 times the amount of the minimum monthly wage).

Didn’t the accused violate the confidentiality of a message already when she read the private conversations? Is the disclosure to third person required to qualify according to Penal Code paragraph §156?

Links:
http://pluss.postimees.ee/v2/3808889/sotsiaalmeedias-nuhkimine-voib-tuua-kriminaalkaristuse
https://www.riigiteataja.ee/kohtulahendid/detailid.html?id=185111724

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