Section III
HIPCAR – Cybercrime/e-Crimes
Subparagraph 2 contains a legal presumption that a suspect that is in possession of more than one item
mentioned in subparagraph 1 (i) and (ii) is deemed to possess the item with the required criminal intent
unless the contrary is proven.
Section 10 requires that the offender is acting without lawful excuse or justification. In this context the
clarification in the subsections needs to be taken into consideration. As a consequence legitimate
operation of software tools within self-protection measures are not considered to carried out without
lawful excuse.
Section 11: Computer-Related Forgery
Most criminal law systems have criminalized the act of forgery of tangible documents. The dogmatic
structure of the national legal approaches varies according to jurisdiction. While one concept is based on
the authenticity of the author of the document, another is based on the authenticity of the statement.
Section 11 aims to protect the security and reliability of electronic data by creating a parallel offence to
the traditional forgery of tangible documents and fill gaps in criminal law, as the traditional legal
provisions relating to forgery might not apply to electronically stored data.
The target of a computer-related forgery is computer data as defined by Section 3. In this context it is
irrespective of whether they are directly readable and/or intelligible. The provision does not only refers to
computer data as the object of one of the acts mentioned, but it is also necessary that the acts are
resulting in inauthentic data. Section 11Requires,at least with regard to the mental element of the
offence, that the data is the equivalent of a public or private document.
Input of data must correspond with the production of a false tangible document. Alteration refers to the
modification of existing data. Suppression of computer data denotes an action that affects the availability
of data. This can for example be relevant information from a database is blocked during the automatic
creation of an electronic document. Deletion corresponds to the definition of the term in Section 4
covering acts where information is removed.
Section11 requires that the offender carries out the offences intentionally and without lawful excuse or
justification.
Section 12: Computer-Related Fraud
Fraud is a popular crime in cyberspace and the application of existing provisions to Internet-related cases
can be difficult, where traditional national criminal law provisions are based on the falsity of a person, it is
in light of this that the working group decided to include a provision criminalising computer-related fraud.
Section 12 contains a list of the most relevant acts of computer-related fraud. It is necessary that the
offender’s manipulations produce a direct economic or possessory loss of another person's property
including money, tangibles and intangibles with an economic value.
Input of computer data covers all types of input manipulation, such as feeding incorrect data into the
computer as well as computer software manipulations and other interferences with the course of data
processing. Alteration refers to the modification of existing data. Suppression of computer data denotes
an action that affects the availability of data. Deletion refers to the removal of computer data.
Interference with the functioning of a computer system as mention in b) covers acts such as hardware
manipulations, acts suppressing printouts and acts affecting recording or flow of data, or the sequence in
which programs are run.
> Model Policy Guidelines & Legislative Text
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