Legitima apărare și starea de necesitate în domeniul criminalității informatice (I)
Self-defence and state of necessity in the field of cybercrime (I)
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: cybercrime; self-defence; state of necessity; digital attack; cyber attack; legitimate retaliation.
Summary/Abstract: Given the importance that cybercrime is acquiring, the author has appreciated as being necessary to make an analysis on the applicability of self-defence and state of necessity in the context of cybercrime. Having as premise the necessity of justifying the retaliation in the virtual environment, the author has attempted to identify arguments in order to support the thesis according to which the self-defence and the state of necessity may find their applicability including in this area. Beyond analyzing the problematic issues related to this topic, we have tried, therefore, to emphasize the hypothetical situations in which a cyber (digital) attack is likely to give an outline to the state of self-defence or to the state of necessity.
- Issue Year: 2015
- Issue No: 04
- Page Range: 145-172
- Page Count: 28
- Language: Romanian