Law Review International Journal of Law and Jurisprudence Online Semiannually Publication published by Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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LEGAL PROVISIONS REGARDING THE JUDICIAL ANALYSIS OF COMPUTER FORGERY AND COMPUTER FRAUD

Alexandra BUCUR

Maria Magdalena BÂRSAN

The current article aims to analyze the legal provisions regarding the Criminal Code regulation of computer forgery and computer fraud. At the beginning of this study we will point out some general notions regarding the concept of computer forgery. The analysis will further present a comparative study of these two crimes as regulated in the Criminal Code and in special laws. According to the new Criminal Code provisions, the lawmaker regulated in Title II, Chapter IV named “ Fraud committed through computer systems and electronic payment means”, the crime of computer fraud (article 249 Criminal Code); the regulating text of this crime is the adjusted version of the one found in Law no 161/2003. Title VI, Chapter III named “False statements” and it regulates the crime of computer forgery as stated in article 48 of Law no 161/2003 regarding a series of measures to ensure transparency in exercising public office, public functions and sanctioning of corruption. In the end, we will list a practical section and we will provide examples.

 

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