RESPONSIBILITY FOR CRIMES IN THE COMPUTER INFORMATION FIELD IN THE RUSSIAN, GERMAN AND FRENCH LEGISLATIONS
DOI:
https://doi.org/10.32461/2226-3209.1.2018.178350Abstract
Abstract. In work the criminal precepts of law providing responsibility for computer crimes in narrow sense of this concept i.e. for crimes in the sphere of computer information are considered. As it appeared, such dual approach to definition of computer crimes is inherent not only in the Russian criminal and legal science, but also is fair in the comparative and legal analysis of the foreign legislation. We tried to show it. Responsibility for crimes in the sphere of computer information in the Russian Federation is provided by the Art. of Art. 272, 273, 274 and 274 1 The Criminal Code of the Russian Federation, in Germany - §§ 202a, 202b, 202c the Criminal code of the Federal German Republic, in France these are Art. 323-1, 323-2, 323-3, 323-3-1, 323-4, 323-4-1, 323-5, 323-6 of the Criminal code of the French Republic. Foreign criminal and legal legislations are of considerable interest to researches and their comparison to the criminal law of
the Russian Federation. The purpose of such comparison is an opportunity to adopt experience of these countries. Let's note that for offers of implementation of various norms, it is necessary to pay attention to law-enforcement practice, social and economic features of this or that country and to consider a practical opportunity.
Keywords: computer crimes, computer fraud, cybercrimes, high-tech crimes, cyber-enabled crime, Russia,
Germany, France.
References
F. Sampson, ‘Cyberspace: The new frontier for policing?’, Cyber Crime and Cyber Terrorism Investigator’s
Handbook, Chapter 1, pp. 1-2.
D. Wall, "Cybercrimes: New Wine, No bottles?", Invisible Crimes, Chapter 5, P. Davies et al. (eds), 1999, pp. 105-
E. Luiijf, ‘Definitions of Cyber Terrorism’, Cyber Crime and Cyber Terrorism Investigator’s Handbook, Chapter 2,
p. 13.
For example, 4th Interpol-Europol of Cybercrime Conference (on September 28-30, 2016, Singapore); IFIP SEC
Gent, Belgium; International Conference of Cyber Security, July 25-28, 2016; Third Annual Journal of Law and
Cyber Warfare Conference No. November 2016; The Law and Policy of Cybersecurity, February 5, 2016 | Rockville,
Maryland, USA, etc.
E.g., the Convention of the Council of Europe on crime in the sphere of computer information: ETS No. 185,
11.2001, Budapest; the item "h" p.1 Conventions of the UN against transnational organized crime: it is accepted by the
resolution 55/25 of the General Assembly of November 15, 2000; Creation of global culture of cyber security: The
resolution, is adopted by the General Assembly 31.01.2003.
E.g., Cyber Division at FBI Headquarters USA, Departmment "K" of BSTM Ministry of Internal Affairs of the
Russian Federation, Interpol.
Criminal law of foreign countries. The general and Special speak rapidly: the textbook for masters / under the
editorship of N.E. Krylova. 4 ed. rev. and add. M.: Yurayt, 2015. Page 407.
See in more detail: Golovnenkov P. V. Criminal code (Criminal code) of the Federal Republic of Germany. 2nd ed.
Rev. and comp. M.: Avenue, 2014. Page 24.
See: Golovnenkov P. Computer crime in Germany and the system of delicti//Crimes in the sphere of economy:
Russian and European experience: materials VI of a joint Russian-German round table, Moscow, October 23, 2014 / edit..:
A.I. Rarog, T.G. Ponyatovskaya. M, 2015. Page 28-29.
See: Golovnenkov P. Decree. Page 34; Weisser B. Cyber Crime. The information Society and Related Crimes.
Section No. 2. Special Part. National Report o№ Germany//Electronic Review of the International Association of Penal
Law. Preparatory Colloquium Section II. Moscow (Russia), 24-27 April, 2013. Criminal Law. Special Part//URL:
http://www.penal.org/sites/default/files/files/RM-8.pdf (date of the address: 13.06.18).
Strafgesetzbuch//URL: http://www.gesetze-im-internet.de/bundesrecht/stgb/gesamt.pdf (date of the address:
06.18).
See: Hilyuta V. V. Criminal liability for plunders with use of the computer equipment//the Magazine of Russian law.
No. 3 (207) of Page 114; Oryol N.A. Foreign experience of counteraction of computer crime (problem of
criminalization and punishability)//Collection of scientific works of the international conference "Information Technologies
and Safety". Issue 1. Kiev, 2003. Page 110-118.
Criminal Code of the French Republic//URL:
https://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006070719 (date of the address: 13.06.18).
See: Volevodz A. G. Criminal legislation on responsibility for computer crimes: experience of the different countries
/ A.G. Volevodz, D.A. Volevodz//Legal questions of communication. 2004. No. 1. Page 43-44.
See: Criminal law of foreign countries. The general and Special speak rapidly: the textbook for masters / under the
editorship of N.E. Krylova. 4 ed. rev. and add. M.: Yurayt, 2015. Page 299.
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