Modernization of Romanian Legislation on Preventing and Combating Cybercrime and Implementation Gap at European level

This study presents an analysis of the Romanian legislation on preventing and combatmg cybercrime within the context of harmonisation of law at European level. Before analysing the offences committed in cyberspace, it has been highlighted that the Romanian legislation has adapted to the provisions o...

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Bibliographic Details
Published in:Revista de stiinte politice 2015-01 (45), p.186
Main Author: Moise, Adrian Cristian
Format: Article
Language:English
Subjects:
Criminal law
Cybercrime
Information systems
Studies
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Summary:This study presents an analysis of the Romanian legislation on preventing and combatmg cybercrime within the context of harmonisation of law at European level. Before analysing the offences committed in cyberspace, it has been highlighted that the Romanian legislation has adapted to the provisions of cybercrime at the level of the European Union firstly under the aspect of the used terminology. Romanian legislation on cybercrime is included in the Criminal Code, as well as in Law no. 161/2003 on some measures to ensure transparency to exercise public dignities, public office and business environment, prevention and to sanction corruption, specifically in Title III Preventing and combating cybercrime. The main purpose of this study is to establish whetther the Romanian legislation on cybercrime adapted to the provisions of the most important legal instruments at the level of the European Union, such as the Council of Europe Convention on cybercrime, Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and the Council Framework Decision 2001/413/JAI of 28 May 2001 regarding combating fraud and counterfeiting of non-cash means of payment.
ISSN:1584-224X