К вопросу об общественной опасности неправомерного доступа к компьютерной информации

Abstract

The article examines the public danger of unauthorised access to computer information, including the nature of the damage caused by such an act to social relations and the threat of its infliction. The authors of the article consider that consequences of illegal access to computer information, such as copying, blocking, modification or destruction are not always socially dangerous. Public danger of this crime lies in its "cumulative effect" - its ability to cause damage to other objects of criminal protection. At the same time, the nature and degree of social danger of encroaching on information does not depend on the fact that it is in electronic form, but on its content and value. The authors conducted a sociological survey, according to which a significant proportion of the population recognises the danger of computer crimes as insignificant. The analysis of judicial practice reveals that the harm caused by such crimes is, in most cases, insignificant. The negative consequences for the convicted person, expressed in the imposition of a real sentence and a criminal record, are disproportionate to the extent of the harm caused. This raises doubts as to the validity of the criminalisation of the act under Article 272 of the Criminal Code of the Russian Federation. Public danger of the crime provided for by part 1 of article 272 of the Criminal Code of the RF consists in the ability to cause harm to public relations and in the threat of committing other crimes. Therefore, we refer it to the crimes of cumulative danger, public danger of which increases due to the cumulative effect - the potential probability of causing harm to other objects of criminal-legal protection. In this case, the considered crimes will have public danger in case of infliction of substantial harm to public relations, which, in fact, causes its further development. In such circumstances, there are reasonable doubts as to whether the criminalization of the deed stipulated by part 1 of article 272 of the Criminal Code of the RF as an independent crime is justified. At the same time, if we refer to the Code on Administrative Offences of the Russian Federation, in it can be found such unlawful acts, the public danger of which is more obvious. These include, for example, violation of sanitary and epidemiological requirements for drinking water, as well as drinking and domestic water supply (article 6.5), concealment by a person suffering from HIV or venereal disease of the source of infection (article 6.1), non-compliance with the rules and regulations on prevention and liquidation of emergency situations (article 20.6). The authors declare no conflicts of interests.