ANALYSIS OF THE OFFENCE OF ILLEGAL OPERATIONS WITH COMPUTER DEVICES OR SOFTWARE IN ROMANIAN LEGISLATION

Adrian Cristian Moise

Abstract


The study performs an analysis of the offence of illegal operations with computer devices or software, provided by the article 365 of the Romanian Criminal Code. When performing the analysis of the offence of illegal operations with computer devices or software, it was taken into account the text in force of the offence of illegal operations with computer devices or software, provided by the article 365 of the Romanian Criminal Code, the provisions of the article 6 of the Council of Europe Convention on Cybercrime which refers to the misuse of devices and the provisions of the article 7 of the Directive 2013/40/EU on attacks against information systems, which refers to the tools used for committing offences.The analysis aims to determine whether the texts of the article 6 (misuse of devices) of the Council of Europe Convention on cybercrime and the article 7 (tools used for committing offences) of the Directive 2013/40/EU on attacks against information systems were transposed in the article 365 of the Romanian Criminal Code. By the article 365 of the Romanian Criminal Code, the Romanian legislator intends to limit the access to the tools (computer devices, programmes, passwords, access codes) allowing to commit the offences regulated by the articles 360-364 of the Romanian Criminal Code.

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Această operă este pusă la dispoziţie sub Licenţa Creative Commons Atribuire-Necomercial 4.0 Internațional .

https://creativecommons.org/licenses/by-nc/4.0/