Abstract
The article presents and analyzes issues related to the criminalization of the offence of computer forgery, provided by the Article 325 of the Romanian Criminal Code, as well as issues related to the criminalization of the offence of computer forgery in the main legal instrument in the field of combating cybercrime at the European level: the Council of Europe Convention on Cybercrime. Moreover, the article also mentions some aspects related to the criminalization of the crime of computer forgery in some countries of the European Union. Finally, this study also presents the main issues to be clarified in the forensic investigation process of the crime of computer forgery.
Highlights
The crime of computer forgery is provided by the Article 325 of the Romanian Criminal Code, the legal text being the following: "The act of entering, modifying or deleting, without right, computer data or of restricting, without right, the access to these data, resulting in data inappropriate to the truth, in order to be used in order to produce a consequence legal, constitutes a crime and is punishable by imprisonment from one to five years”
The article presents and analyzes issues related to the criminalization of the offence of computer forgery, provided by the Article 325 of the Romanian Criminal Code, as well as issues related to the criminalization of the offence of computer forgery in the main legal instrument in the field of combating cybercrime at the European level: the Council of Europe Convention on Cybercrime
We noticed that the provisions of Article 7 of the Council of Europe Convention on Cybercrime, relating to the crime of computer forgery have been fully transposed into the Criminal Codes of Romania, France and Germany
Summary
The crime of computer forgery is provided by the Article 325 of the Romanian Criminal Code, the legal text being the following: "The act of entering, modifying or deleting, without right, computer data or of restricting, without right, the access to these data, resulting in data inappropriate to the truth, in order to be used in order to produce a consequence legal, constitutes a crime and is punishable by imprisonment from one to five years”. The crime of computer forgery is stipulated by the Article 325 of the Romanian Criminal Code and is regulated in a single standard variant, which consists in the introduction, modification or deletion, without the right of computer data, as well as by the action of restricting without right access to these data, resulting in untrue data in order to be used in order to produce legal consequences. The action of deletion of computer data refers to the actions that remove computer data from the information technology storage equipment
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