Status and tendencies in combating computer crime at European level

Abstract

Without certain adjustments to specifics of computer crime, as to a phenomenon of global proportions, detection, investigation and prosecution of this type of crime is almost impossible. Therefore, the need for setting up a legal framework for combating cyber crime has been identified, in order to define which activities related to information systems are considered computer crime; to determine the specific procedural rules, which would enable the access to data, computer and networks during investigating and prosecuting computer crime and to provide continuous training of members of the institutions responsible for countering this form of crime. This legal framework should consist of substantive and procedural rules adapted to this type of crime due its aim is the improvement of international cooperation in the framework of global and regional approach to combating cyber crime. In this this paper the current situation of strategic and legal framework of countering cyber crime is presented (at the level of the Council of Europe and of the European Union) as well as trends in the development of systematic approach towards countering the mentioned abuses within these regional organizations. At the European level, the legal framework to combat cyber crime is set in the Council of Europe Convention on cyber crime and the Council of EU Framework Decision on attacks against information systems. In a series of documents organs of EU confirmed the strategic support of COE Convention and the encouragement of Member States to ratify the Convention. In addition, the Convention represent the base of the said Framework Decision. These two legal instruments have the same goal - removing the differences between national legislation, the introduction of new powers in the discovery and evidence of computer crime and improvement of the international cooperation in combating cyber crime. Although their legal nature and scope vary, its objectives will be achieved only if the rules laid down in the legal framework are enforced.