The Concept of Computer Crimes, Place in the Criminal Legislation of Russia and the Place of Information Features in the Structure of the Elements

Abstract

The article considers topical issues of fighting a new form of crime - cybercrime. This category of crime is relatively new to the criminal legislation of Russia, which is due to the fact that in the last decade, with the rapid development of information technologies there has appeared a new form of socially dangerous acts related to trafficking information, and even the long-known criminal acts (e.g. fraud) have undergone a significant transformation. The author considers some of the previously proposed definitions of cybercrime, identifies their strengths and weaknesses. The conclusion is that the separation of information crimes should not connect directly with the presence in their elements of features related to information, but due to the fact that their mechanism involves the use of information technologies and (or) information and telecommunication networks. These crimes are high-tech in nature, which leads to significant specific features of criminological and forensic investigation techniques. The following main groups of information crimes have been outlined: specific information crimes, crimes of general criminal nature where the application of information technologies significantly facilitates the commission of criminal acts or the concealment of its traces, provides for a systematic and widespread commission of criminal acts and also crimes of general criminal nature, where the use of such technologies has no significant impact on the criminal outcome. The author points out the place where each of these categories can be found in the criminal law. In addition, the author investigates the question of the place of information features in the structure of an offense, following the examples of defamation, computer fraud and unlawful access to computer information. It is concluded that there is some undesirability of dealing with information as the subject of crime with regard to its intangible character; alternatives for referring the information to other elements of the crime are suggested.