Accesul ilegal la un sistem informatic în reglementarea noului cod penal
Illegal access to a computer system in the regulation of the New Criminal Code

Summary/Abstract: The author carries out an in-depth analysis of the legal content of the offence of illegal access to a computer system, set forth in art. 360 of the new Criminal Code, adopted according to Law no. 286/20092. Regarding the structure of this offence, the object of criminal defense, the subjects of the criminal offence, the objective and subjective side, the forms, the methods and the sanctions imposed by law shall be examined in detail. The complementary explanations approach also the connections of the illegal access to a computer system with other criminal offences and some proceedings aspects. Further, there are presented the legislative precedents of this rule of criminal charge, the solutions to be followed in case of the appearance of certain transitory situations and certain items of compared law. Likewise, the author does not hesitate to state his opinion as regards the constituent content of this criminal deed, its systematization and to expose certain personal solutions in this respect. At the end of this analysis several conclusions and ferenda proposals of law are exposed in order to provide an adequate defense of values and of social relationships taken into account by this criminal charge, an uniform application of the text and implicitly, a better application of criminal justice in Romania.

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