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In the appeal case, the Klaipeda Regional Court determined that the lower court had justly acquitted the young accused of illegally collecting information about a person’s private life and disturbing the seriousness and order of society by secretly filming a girl in a locker room. in a district court press release.
The prosecutor’s office disagreed with the acquittal, saying that the attempt to capture the lower body image of an unknown nude girl was extremely arrogant, that such behavior ignored basic socially acceptable standards of behavior, and failed to respect for those around him.
The prosecutor’s office asked not to acquit the young man, but to end the criminal case and impose a criminal sanction on the child, confiscate the phone as a criminal offense.
The panel of three judges in the case stated that it agreed with the conclusion of the Court of First Instance that, although the conduct of the accuser was inappropriate, it caused unpleasant experiences for the victim, but that, given the duration of the action, special measures were taken. and the video itself was immediately removed, it must be concluded that the youth’s actions did not meet the requirement of criminal responsibility for the invasion of privacy, but rather correspond to indications of an administrative crime (minor infraction of public order ).
The Court, taking into account the jurisprudence established in such cases, indicated that the simple fact of gathering information and not paying attention to other circumstances established in the case could not be overstated. According to the case file, there is no undeniable version of the acquitted man that the idea of filming the girl who entered the locker room came up spontaneously, recklessly, with no intention of spreading such information. Thus, the acquitted had no preconceived malicious motives.
The decision of the regional court will take effect from the day of its publication, but within 3 months it can be appealed in cassation before the Supreme Court of Lithuania.
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