COMPUTER SABOTAGE IN THE CRIMINAL LAW OF BOSNIA
AND HERZEGOVINA AND COUNTRIES OF THE REGION Cover Image

РАЧУНАРСКА САБОТАЖА У КРИВИЧНОМ ПРАВУ БОСНЕ И ХЕРЦЕГОВИНЕ И ДРЖАВА РЕГИОНА
COMPUTER SABOTAGE IN THE CRIMINAL LAW OF BOSNIA AND HERZEGOVINA AND COUNTRIES OF THE REGION

Author(s): Marina M. Simović, Vladimir M. Simović
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: computer; misuse; criminal offense; European standards; criminal sanction;

Summary/Abstract: In modern criminal law in recent decades, there is a tendency to unify basic legal solutions in national legislations based on universal or regional international standards. Of particular importance are the standards contained in Council of Europe documents such as the Convention on Cybercrime (Budapest, 2001). This Convention establishes the basis of criminal liability and punishment for various forms of misuse of computers, computer data or computer systems, or information technology by natural or legal persons (as perpetrators or as accomplices). Among computer crimes, the offense called „Computer sabotage“ stands out due to its specific characteristics, content, elements, significance and legal nature. The very name of this incrimination refers to the primary importance of the object of protection - computer data or systems important to the State, that is, the scope, intensity and significance of the consequences for the computer security of the State in general. This criminal offense under this or a similar name, in addition to the criminal legislation of Bosnia and Herzegovina, is prescribed by all regional criminal legislations within the area of the Western Balkans. The offense consists in entering, changing, deleting or concealing computer data or programs or in interfering in another way with the computer system or in destroying or damaging electronic data processing devices with the aim of preventing or significantly hindering the process of electronic data processing which is important to authorities, public services and institutions, commercial companies or other legal entities of special public interest.Based on European standards, the paper analyzes the concept, content, elements of being, characteristics, and forms/types of manifestation of the criminal offense of computer sabotage in the legislation of Bosnia and Herzegovina, with reference to comparative regional criminal legislations.

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