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CHAPTER 2. CRIMINALISATION AND LAW ENFORCEMENT
Section 1. ESTABLISHMENT OF LIABILITY
Article 5. Establishment of liability
1.
Each State Party shall adopt such legislative and other measures as are
necessary to establish as an offence or another unlawful act under its domestic
law the acts provided for in Articles 6-12, 15, 18 and 19 of this Convention
while applying such criminal and other penalties, including imprisonment, that
take into account the degree of public danger of a specific offence and the
amount of the damage caused.
2.
Each State Party shall adopt such legislative and other measures as are
necessary to establish as an offence or another unlawful act under its domestic
law intentional the acts provided in Articles 13, 14, 16 and 17 of this
Convention if they were committed illegally and intentionally.
3.
Each State Party shall adopt such legislative and other measures as are
necessary to establish as an offence under its domestic law the acts provided for
in Articles 6, 8, 9, 10 and 15 of this Convention if they were committed
illegally and intentionally against ICT devices of the critical infrastructure
facilities.
4.
Each State Party shall ensure that legal persons held liable under
Article 20 of this Convention are subject to effective, proportionate and
dissuasive sanctions, including monetary sanctions.
5.
Without prejudice to the norms of the international common law, this
Convention does not exclude the possibility of performing any criminal
jurisdiction established in accordance with its domestic law.
Article 6. Unauthorized access to electronic information
1.
Each State Party shall adopt such legislative and other measures as are
necessary to establish as an offence or another unlawful act under its domestic
law intentional unauthorized access to electronic information.