Romania: CYBERCRIME LAWS AND INSTITUTIONS

Public institutions with attribution on the fight against cybercrime in Romania

DIICOT - DIRECTIA DE INVESTIGARE A INFRACŢIUNILOR DE CRIMINALITATE ORGANIZATA ŞI TERORISM (in translation: Directorate for the investigation of organized crime and terrorism offences - DIOCT): http://www.diicot.ro/

Serviciul pentru Combaterea Criminalitatii Informatice (Service for Fight against Computer Crime) inside DIICOT - has the following attributions (according to their website):

• criminal prosecution of crimes as derived from article. 12 para 3 from Law no. 508/2004, as modified by Government Emergency Ordinance no. 7/2005;
• offers professional assistance and information on the Romanian laws to similar contact points in other countries;
• issues data retention and preservation orders, as well as computer data storage seizing or traffic data preservation at the request of a corresponding foreign authority;
• facilitates the rogatory commissions in cybercrime related cases, cooperating with all the romanian authorities involved.

Inside this Service there is the Office for Fight against Computer Crime, in charge of investigating the following types of computer related crimes:

• crimes under Law no.39/2003 – art.2  lit.b pct. 5,8, 18;
• computer and internet related fraud -art.215 al.5 C.p ;
• crimes under provisions 24-28 from the Law no.365/2002 - forgery and using of electronic payment instruments; possession of hardware and software with the purpose to commit forgery of electronic payment instruments; fraudulent financial activity, etc.;
• crimes under provisions 42-51 from Law no.161/2003 Title III (unauthorized access; illegal interception of computer data; illegal transfer of computer data; child pornography; etc.

Romanian Laws on cybercrime:

• Law no. 161/2003
• Law no. 39/2003
• Legea 365/2002