Unlawful access to computer information today is considered the most common type of crime in modern conditions. Unlawful acts of this nature have recently become rampant. Next, we consider what happens to unlawful access to computer information and what liability is provided for this crime.
General information
Due to universal computerization, the advent of the Internet, a fairly large number of people gained access to information. Crimes related to illegal intrusion into databases affect the interests of the whole world. They harm states in general and specific people in particular.
Art. 272 of the Criminal Code
In the dispositions of certain criminal legal regulations there is an indication of the subject of unlawful encroachment, its features are given. Art. 272 of the Criminal Code of the Russian Federation includes explanations of the specifics of crimes related to PC databases. In the provisions of a normative act, the subject of violation does not possess material properties - natural physical parameters. Information is intangible, but its circulation is carried out through material carriers. Information affected by the offender is under state protection. The legislation establishes a certain procedure for the circulation of data.
Important point
The role of computer information in the system of legal relations that arise in the information sphere is now a very controversial subject. Disputes on this issue have not yet ended with the formulation of a legislative and scientific definition that would become universally recognized. Analyzing article 272 of the Criminal Code of the Russian Federation, it should be noted that it is valid only if the information is protected by law, is stored on a machine medium, in computers, and acts as intangible value.
The objective side of the violation
In Art. 272, part 1, of the Criminal Code of the Russian Federation it is indicated that a crime takes place if the action resulted in the blocking, destruction, copying or modification of data, a violation in the operation of a computer, network or system. In accordance with the definition given by the legislation, there are three main signs of this violation. They characterize this crime from an objective, external side. These include:
- Unlawful access to information is considered an act dangerous to society in relation to information protected by law.
- This violation has certain consequences.
- There is a connection between this action and its result.
In the absence of at least one of the above conditions, criminal punishment under Art. 272 of the Criminal Code does not apply.
Specificity of Criteria
Among the objective signs of the analyzed crime, its danger to society is considered the main. It always manifests itself in the active behavior of the guilty subject, because commit the crime referred to in Art. 272 of the Criminal Code, through inaction is impossible. Thus, due to the fact that a person’s fault consists in intruding into a database protected by law, the establishment of the very fact of illegal actions is one of the necessary circumstances for bringing him to criminal liability. The illegality of access is considered a mandatory sign that characterizes this violation from its objective side. The procedure in accordance with which it is possible to obtain certain information is established either by the owner or an authorized state body (for example, regarding military secrets).
Art. 272 of the Criminal Code: comment
You should pay attention to the information contained in the disposition of the normative act. In particular, it indicates unlawful access directly to computer information. It does not mean the media on which the data is contained. In accordance with this, mechanical damage to the PC, as a result of which the information on it was destroyed, does not correspond to the legal content that is established in the considered normative act. Consequently, this circumstance does not entail criminal liability provided for in it.
Analyzing article 272 of the Criminal Code, it must be recognized that if an act is committed, the material corpus delicti is seen. The violation is considered completed from the moment of the appearance of dangerous consequences for society, which are alternatively listed in the disposition of the norm. In the absence of these circumstances, the corpus delicti is considered incomplete. In this regard, the actions of a person, despite the fact that they are associated with illegal access, but at the same time did not entail the copying, modification, blocking or destruction of information, disruptions in the operation of a PC, system or network, form only preliminary illegal behavior. They are qualified using the provisions of Art. 30 of the Criminal Code. In part 2 of this normative act, criminal liability takes place in preparation for a grave and especially grave crime. Qualified and simple unlawful access to data is considered a violation of small and medium severity. Accordingly, preparations for these crimes are not punishable. If there is unauthorized access defined in Art. 272, which entailed the consequences, criminal liability will be applied.
Term of punishment
In accordance with Art. 66, part 3, of the Criminal Code of the Russian Federation, the term assigned for attempted crime shall not exceed 3/4 of the maximum or most severe form of coercive measure under the relevant article in the special part of the code for the completed crime. The maximum sentence for a simple type of illegal invasion of the database is imprisonment of up to 2 years. When attempting this crime, no more than 1.5 years may be assigned if this act was not completely by prior conspiracy with several persons, organized by a group or an official who exceeded his official authority. When attempting qualified unauthorized access, no more than 3.9 years of imprisonment are assigned.