Computer viruses are very common in the modern world. Creating malware that spreads malware is a crime. Moreover, of a criminal nature. But what is it supposed to be? Possible penalties in Russia are provided for in Article 273 of the Criminal Code of the Russian Federation. What does she say? What should developers and creators of malware for computers prepare for?
No burden
The first scenario is when "harmful" programs are written, distributed and created by one person without any particularities. Such a crime is considered the simplest. If you believe article 273 of the Criminal Code, the punishments are not the worst for such an act. What exactly is provided by law?
The creator or distributor of malware for computers may be restricted in their freedom. The punishment lasts up to 4 years. The suspended sentence is far from the most serious measure applied to criminals.
Assignment of forced labor is also possible. Their maximum duration coincides with the conditional term limit. Namely 4 years.
Deprivation of liberty also takes place. It is indicated that they will have to “sit out” for 48 months, and also pay an additional fine of up to 200,000 rubles. Or, in addition to imprisonment, lose earnings for 1.5 years.
Groups
The creation, use and distribution of malicious computer programs may be punished by other measures. If the crime was committed for personal gain, caused major damage or there was a preliminary conspiracy, as well as actions by an organized group or acts using official position, other forms of punishment will be applied to criminals.
As in the previous case, a conditional period is assumed. 48 months is its maximum duration. Forced labor is not excluded. It can last up to 5 years. In addition to social work, a restriction is imposed on certain activities and for some positions for 3 years. Taboo may not overlap.
Imprisonment relies on 5 years, an additional fine is imposed in the range from 100 to 200 thousand rubles. Imprisonment may also be taboo on activities and job positions. Such a punishment, according to Art. 273 of the Criminal Code, may last up to 36 months.
Grave consequences
If the creation and distribution, as well as the use of malicious software, caused serious harm or posed a threat to their appearance, criminals can be “imprisoned” for 7 years.
In article 273 of the Criminal Code, the commentary says that the corpus delicti is formal. This means that the consequences are not necessary at all. From the moment the malware was created, the guilty party begins. And it doesn’t matter if the actions were socially dangerous or not. Motive also does not play a role for the crime.
The age of the offender is important. He must be at least 16 years old. Only then is liability under article of the Criminal Code numbered 273.