Database of Legislation

Cybercrime
  • Acts against the Confidentiality, Integrity and Availability of Computer, Data and Systems

    • • Interception of computer data
      • Breach of privacy/data protection measures
 Special Section - Title V - Chapter II
 Article 302
 

Original Text

Article 302

Violation of secrecy of correspondence

(1) Opening, theft, destruction or retention, without right of correspondence sent another, and disclosure without the right content of such communications, even when it was sent open or opened accidentally, shall be punished by imprisonment from three months to one year or a fine.

(2) The interception without right, of a call or communication by telephone or by any electronic means of communication shall be punished with imprisonment from six months to three years or a fine.

(3) If the deeds provided in par. (1) and (2) were committed by a public official has a legal obligation of professional secrecy and confidentiality to which it has access, the penalty is imprisonment of one to five years and interdiction of certain rights.

(4) disclosure, dissemination, presentation or disclosure to another person or to the public, without right, of the contents of conversations or communications intercepted, even if the perpetrator is aware of this mistake or accident, punishable by imprisonment from three months to two years or a fine.

(5) not considered a criminal act committed:

a) if the perpetrator of a crime or committing capture contribute to the proof of an offense;

b) surprising the public who have significance for community life and public disclosure advantages outweigh the damage caused to the injured person.

(6) The holding or manufacturing without the right, the specific means of interception of communications or recording is punished by imprisonment from 3 months to 2 years or fine. ­­­­­­­­­­­

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Alin. (6) art. Amended by section 302. 29 art. 245 of Law no. 187 of October 24, 2012, published in the Official Gazette no. 757 of November 12, 2012.

(7) For acts in para. (1) Criminal action is initiated upon prior complaint from the injured person. ­­­­­­­­­­­

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Alin. (7) of art. Section 302 was introduced. 30 art. 245 of Law no. 187 of October 24, 2012, published in the Official Gazette no. 757 of 12 November 2012.

 
 
 

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Please note that this is an unofficial translation of the Act.