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Frauda informatică. Aspecte controversate
Computer fraud. Controversial issues

Author(s): George Zlati
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: computer fraud; traditional fraud; theft of service; ne bis in idem; protected social values; computer system; computer data; altering computer data, encryption; restricting access;

Summary/Abstract: In the present article the author tries to clarify some controversial issues regarding the offence of computer fraud. Firstly, the nature of the offence is put into question in order to identify all the social values protected by the criminal provision. The author tries to argue that computer fraud also protects the integrity of computer systems and the integrity and availability of computer data with the purpose of clarifying the relationship between computer fraud (Article 249 of the Romanian Criminal Code) and the offence of altering computer data (Article 362 of the Romanian Criminal Code). Likewise, the author emphasizes some examples found in legal literature or jurisprudence and then argues that the criminal provision regarding computer fraud is not applicable in cases such as fraud by means of electronic communications without manipulating a computer system, phishing or pharming, ransomware etc.Nonetheless, the author tries to clarify the relationship between computer fraud and other offences provided in the Criminal Code such as traditional fraud, theft of service, altering computer data, unauthorized access to a computer system etc.

  • Issue Year: 2018
  • Issue No: 04
  • Page Range: 116-151
  • Page Count: 36
  • Language: Romanian