Aspecte privind infracţiunea de acces ilegal la un sistem informatic
Aspects regarding the crime of illegal access to a computer system

Summary/Abstract: The crime of illegal access to a computer system, with a seemingly simple incrimination rule, has generated a lot of controversies. At the national level, these controversies were generated by the permissiveness and generality of the criminalization proposals in the Convention on Cybercrime, perceived and interpreted differently by each state, against the particularities and traditions of the judiciary system, a situation that led to a transposition more or less unfaithful to its provisions. The Romanian legislator, in the desire to take over (as faithfully as possible) the proposals of incrimination from the Convention, did not follow the example of those in some European countries and was not consistent with its own “tradition”, so it did not incriminate the situation in which “entry” into the computer system is made legally (e.g.: access to the computer system is authorized or access is granted with the permission of the rightful holder, competent to grant it) but “remaining” in the computer system becomes illegal (e.g.: exceeding the authorization limits in the computer system or the legitimate holder, competent to grant permission, withdraws it).

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