SOME CONSIDERATIONS REGARDING THE INFRINGEMENT OF FALSE INFORMATION
SOME CONSIDERATIONS REGARDING THE INFRINGEMENT OF FALSE INFORMATION

Summary/Abstract: The present study aims to clarify some notions that fall within the constitutive content of the crime of computer forgery to understand the scope of applicability of the provisions of art. 325 Penal Code. I appreciated that offering some explanations, without claiming to be exhaustive, could be useful to practitioners. A review of often divergent national jurisprudence reveals difficulties in interpreting the text of the law, the legal consequences of which are not insignificant, distinguishing between a solution of acquittal and one of conviction. Insufficient understanding of the technical and legal notions that are constituent elements of the crime of computer forgery has led to difficulties in establishing the correct legal framework, informatic forgery is often confused with computer fraud, altering the integrity of computer data or even false material in official documents and led to controversy, some unjustified.The last of these controversies concerns the establishment of the typical conditions of the crime of computer forgery, the High Court of Cassation and Justice having a referral for a preliminary ruling to resolve a legal issue in this regard, but the way of formulating the question and given that the issue of law is not a new one, we consider that the complaint will be rejected as inadmissible, and it is up to the magistrates and doctrine to give a correct interpretation to the technical-legal notions in question.

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