ETS 185 – Cybercrime (Convention), 23.XI.2001
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Title 2 – Computer-related offences
Article 7 – Computer-related forgery
Each Party shall adopt such legislative and other measures as may be necessary to establish
as criminal offences under its domestic law, when committed intentionally and without right,
the input, alteration, deletion, or suppression of computer data, resulting in inauthentic data
with the intent that it be considered or acted upon for legal purposes as if it were authentic,
regardless whether or not the data is directly readable and intelligible. A Party may require an
intent to defraud, or similar dishonest intent, before criminal liability attaches.
Article 8 – Computer-related fraud
Each Party shall adopt such legislative and other measures as may be necessary to establish
as criminal offences under its domestic law, when committed intentionally and without right,
the causing of a loss of property to another person by:
a
any input, alteration, deletion or suppression of computer data,
b
any interference with the functioning of a computer system,
with fraudulent or dishonest intent of procuring, without right, an economic benefit for oneself
or for another person.
Title 3 – Content-related offences
Article 9 – Offences related to child pornography
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Each Party shall adopt such legislative and other measures as may be necessary to establish
as criminal offences under its domestic law, when committed intentionally and without right,
the following conduct:
a
producing child pornography for the purpose of its distribution through a computer
system;
b
offering or making available child pornography through a computer system;
c
distributing or transmitting child pornography through a computer system;
d
procuring child pornography through a computer system for oneself or for another
person;
e
possessing child pornography in a computer system or on a computer-data storage
medium.
For the purpose of paragraph 1 above, the term "child pornography" shall include
pornographic material that visually depicts:
a
a minor engaged in sexually explicit conduct;
b
a person appearing to be a minor engaged in sexually explicit conduct;
c
realistic images representing a minor engaged in sexually explicit conduct.
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