قاعدة بيانات التشريعات

Infringement of secrecy, integrity and accessibility of computer data, programs and systems
Article 223

(1) Whoever, despite the protective measures, without authorization accesses the computer system shall be punished by a fine or by imprisonment not exceeding one year.

(2) Whoever on purpose renders unusable or hinders the work or the use of computer, data or programs, computer system or communication shall be punished by a fine or by imprisonment not exceeding three years.

(3) The punishment referred to in the para 2 of this Article shall be inflicted on whoever without authorization damages, alters, deletes, destroys or in some other way renders unusable or inaccessible the computer data or programs of another.

(4) The punishment referred to in the para 2 of this Article shall be inflicted on whoever intercepts or records the non-public transmission of computer data not intended for his use, from a computer system or within it, including the electromagnetic transmissions of data in the computer system, or whoever enables an unauthorized person to access these data.

(5) If the criminal offence referred to in paragraphs 1, 2, 3 and 4 of this Article is committed in connection with the computer data, program or system of a governmental body, a public institution or a company of special public interest, or if significant damage is caused, the perpetrator shall be punished by imprisonment for three months to five years.

(6) Whoever, without authorization, produces, procures, imports, distributes, sells, possesses or makes available to another person special devices, equipment, computer data or programs created or adapted for the perpetration of the criminal offence referred to in paragraphs 1, 2, 3 and 4 of this Article shall be punished by a fine or by imprisonment not exceeding three years.

(7) Special devices, equipment, computer data or programs created, used or adapted for the perpetration of criminal offences and used for the perpetration of the criminal offence referred to in paragraphs 1, 2, 3 and 4 of this Article shall be forfeited.

(8) Whoever attempts to perpetrate the criminal offences referred to in paragraphs 1, 2, 3 and 4 of this Article shall be punished.

Computer Forgery
Article 223a

(1) Whoever, without authorization, develops, installs, alters, deletes or makes unusable computer data or programs that are of significance for legal relations in order for them to be used as authentic, or whoever uses such data or programs shall be punished by a fine of by imprisonment not exceeding three years.

(2) If the criminal offence referred to in paragraph 1 of this Article is committed in connection with the computer data or programs of a governmental body, a public institution or a company of special public interest, or if significant damage is caused, the perpetrator shall be punished by imprisonment for three months to five years.

(3) The punishment referred to in the para 1 of this Article shall be inflicted on whoever, without authorization, produces, procures, sells, possesses or makes available to another person special devices, equipment, computer data or programs created or adapted for the perpetration of the criminal offence referred to in paragraphs 1 or 2 of this Article.

(3) Whoever, without authorization, produces, procures, sells, possesses or makes available to another person special devices, equipment, computer programs or electronic data created or adopted for the perpetration of the criminal offence referred to in paragraphs 1 and 2 of this Article.

(4) Special devices, equipment, computer programs or electronic data created, used or adapted for the perpetration of criminal offences and which are used to perpetrate the criminal offence referred to in paragraphs 1 or 2 of this Article shall be forfeited.

(5) Whoever attempts to commit the criminal offences referred to in paragraphs 1 and 3 of this Article shall be punished.

Fraud
Article 224

(1) Whoever, with an aim to procure unlawful pecuniary gain for himself or a third party, by false representation or concealment of facts, deceives another or keeps such a person in deception, inducing him thereby to do or to omit to do something to the detriment of his property or the property of another, shall be punished by a fine or by imprisonment not exceeding three years.

(2) The same punishment as referred to in paragraph 1 of this Article shall be inflicted on whoever establishes a system of advertising, canvassing or other activities to attract participants, or a professionally wider system in which profit is expected from invested funds and in which participants are promised pecuniary gain provided that they or other persons under the same conditions attract participants, whereas the acquisition of pecuniary gain depends in whole or in part on respecting the game of other participants.

(3) Whoever creates a system or uses an already existing system to realize unlawful pecuniary gain whose amount is not determined in advance, provided that the criminal offence of fraud is not committed in relation to respective individual perpetrators, shall be punished by imprisonment for six months to three years.

(4) If, by the perpetration of the criminal offence referred to in paragraph 1 of this Article, considerable pecuniary gain is acquired, or considerable damage is caused, provided that the perpetrator acts with an aim to acquire such pecuniary gain or to cause such damage, he shall be punished by imprisonment for six months to five years.

(5) If, by the perpetration of the criminal offence referred to in paragraph 1 of this Article, small pecuniary gain is acquired, or small damage is caused, provided that the perpetrator acts with an aim to acquire such pecuniary gain or to cause such damage, he shall be punished by a fine of up to one hundred and fifty daily incomes or by imprisonment not exceeding six months.

(6) Whoever commits the criminal offence referred to in paragraph 1 of this Article solely for the purpose of causing damage to another shall be punished by fine or by imprisonment not exceeding one year.

(7) Whoever attempts to commit the criminal offences referred to in paragraphs 1, 2 and 3 of this Article shall be punished

(5) Criminal proceedings for the criminal offence referred to in paragraphs 5 and 6 of this Article shall be instituted by a private charge.

Computer Fraud
Article 224a

(1) Whoever, with an aim to procure unlawful pecuniary gain for himself or a third party, enters, uses, alters, deletes or renders unusable electronic data or computer programs or disables or hampers the work or use of the computer system or program causing thereby damage to anothershall be punished by imprisonment for six months to five years.

(2) Whoever commits the criminal offence referred to in paragraph 1 solely with the purpose of causing damage to anothershall be punished by imprisonment for three moths to three years.

(3) Whoever, without authorization, produces, procures, sells, possesses or makes accessible to another special devices, equipment, computer programs or electronic data created and adapted for the perpetration of the criminal offences referred to in paragraphs 1 or 2 of this Article shall be punished by a fine or by imprisonment not exceeding three years.

(3) Special devices, equipment, electronic data or computer programs created, used or adapted for the perpetration of criminal offences that were used to perpetrate the criminal offence referred to in paragraphs 1 and 2 of this Article shall be forfeited.

(4) Whoever attempts to perpetrate the criminal offence referred to in paragraphs 2 and 3 of this Article shall be punished.