The saddest aspect of life right now is that science gathers knowledge faster than society gathers wisdom. - Isaac Asimov, scientist and writer (1920-1992)

Saturday, February 8, 2014

Updated Romanian Computer Crime Laws

Since February 1st 2014, Romania has a new Criminal Code setting the Criminal Justice on new basis. The new code integrates in a single text all the offences and crimes related to computer systems, computer data, electronic payment methods and much more that were either spread across various laws or were not in existence until now.  Here are, for reference, in short, the main titles and provision numbers in the new Romanian Criminal Code regarding computer crimes.

  • Definitions - Provisions 181 an 182 define the meaning of terms Computer system, Computer data and Electronic payment instruments
  • Title I - Offenses against the person
    Chapter VI - Offenses against freedom of persons  (Art. 208 - Harassment )

  • Title II - Offenses against property
    Chapter I - Theft (Art. 230 - stealing with the purpose of using)

    Chapter IV - fraud committed through computer systems and electronic payment instruments (Art. 249 - Computer Fraud, Art 250 - Fraudulent financial transactions, Article 251 - Accepting fraudulent transactions, Article 252 - Sanctions for attempt)
  • Title V - Offenses regarding corruption and service
    Cap. II - Service offense (Article 302 - Violation of correspondence) (Note: applicable also to private correspondence)
  • Title VI - Forgery
    Cap. I counterfeiting coins, stamps or other values ​​(Art. 311 - Forgery of debt securities or payment instruments; Art 313 - Circulation of counterfeit securities, Article 314 - Possession of instruments for counterfeiting values​​;)
    Cap. III - Forgery regarding documents (Article 325 - Forgery related to computer data)
  • Title VII
    Chapter VI - Offenses against the safety and integrity of computer systems and computer data (Article 360 - Illegal access to a computer system, Article 361 - Illegal interception of computer data transmissions, Article 362 - Altering the integrity of computer data; Art 363 - Disruption of operation of computer systems, Article 364 - Unauthorized transfer of data; Article 365 - Illegal operations with devices or software; Article 366 - Sanctions for attempt.)
  • Title VIII - Offenses regarding social life
    Chapter I - Offenses against public order (Art. 374 - Child pornography)
  • Title IX - Vote related offenses (Art. 388 - electronic vote fraud, Article 391 - Forgery vote related records and documents;)
 In subsequent articles we will provide the texts with comments. (The Romanian language version of this article is located here...

UPDATE 1: Here you can find a raw translation into English language of the computer crime provisions from the new Criminal Code of Romania.

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