Database of Legislation

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

    • • Illegal access to a computer system
      • Illegal access of computer data
      • Interception of computer data
  • Computer-related acts for personal or financial gain

    • • Fraud
  • Computer-related specific acts

    • • Solicitation/'grooming' of children
      • Production/distribution/ possession of child sexual abuse materials
Obstruction of Justice
  • Sectors

    • • Public officials
  • Offending Involves

    • • Physical force/threat/intimidation
      • promising/ offering/ giving undue advantage
  • In Order To

    • • Interfere in the giving of testimony or the production of evidence in a proceeding
      • Induce false testimony
      • Interfere with the exercise of official duties by a justice or law enforcement official
Participation in an organized criminal group
  • Offences

    • • Organizing, directing, aiding, abetting, facilitating or counselling the commission of a crime involving an organized criminal group
      • Agreement to commit a serious crime (conspiracy)

Penal Code

Entry into Force Date:

 

Adoption Date:

Highlighted articles

Article 337-348B  

Article 348A  

Article 370C  

Articles 167, 224-226, 228, 330, 333  

Book One: General Part   Article 187  

Book One: General Part - Chapter Four: Penalties, Measures of Security, Reparations   Article 76   III. Measures of security  

Book One: General Part - Chapter One: Attempt and Accomplicity   Article 45-49   II. Accomplicity  

Book One: General Part - Chapter One: The Penal Law   Article 5-9   II. Territorial limits of penal laws  

Article 370Β-Γ  

Article 386A  

 

UNTOC Articles

  • Organized Crime Convention

  • Article 5: Criminalization of participation in an organized criminal group
  • Article 11: Prosecution, adjudication and sanctions
  • Article 12: Confiscation and seizure
  • Article 14: Disposal of confiscated proceeds of crime or property
  • Article 15: Jurisdiction
  • Article 23: Criminalization of obstruction of justice
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Cross-Cutting Issues

    • Jurisdiction

      • • Active principle of nationality (offence committed outside its territory by its nationals)
        • Passive principle of nationality (offence committed outside its territory against its nationals)
        • Principle of territoriality (offences committed upon one state’s territory, even if the offender is a foreign citizen)
        • On board a ship/vessel flying its flag
        • On board an aircraft registered under its laws
        • Universal jurisdiction (jurisdiction is established over any person accused of committing grave international crimes e.g. piracy, war crimes, grave breaches of the Geneva Conventions)
    • Investigation Procedure

      • Confiscation and Seizure of

        • • Proceeds of crime derived from offences covered by the Convention
          • Income or other benefits derived from the proceeds
          • Property, equipment or other instrumentalities
      • Measures

        • • Identification, tracing, freezing and/or seizure of the proceeds and instrumentalities of crime
          • Disposal of confiscated proceeds of crime and property