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Defining and Registering Criminal Offences and Measures - Oapen

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142<br />

Computer <strong>Offences</strong><br />

Here are the results of the replies of these countries (see table G.5):<br />

In Albania, none of the items (1) <strong>and</strong> (3) to (8) are separately identifiable in<br />

criminal law. There are, with the exception of illegal interception of computer<br />

transmissions, no special provisions regarding computer offences in the criminal<br />

code. Computer fraud is not included in the definition of general fraud. All items<br />

are separately identifiable in criminal law in Finl<strong>and</strong>. Computer fraud is not included<br />

in general fraud. For France, no information is available. In Germany, all<br />

items are separately identifiable in criminal law, except illegal downloading, which<br />

cannot be separated from other copyright offences. Computer fraud is not included<br />

in general fraud. Illegal access is not considered an offence in Icel<strong>and</strong>. Items<br />

(2) to (5) are separately identifiable. Computer fraud is included in general fraud.<br />

In the Netherl<strong>and</strong>s, all items are separately identifiable in criminal law, except items<br />

(4) <strong>and</strong> (5) <strong>and</strong> illegal downloading. Computer fraud is not included in general<br />

fraud. For Pol<strong>and</strong>, all items are separately identifiable in criminal law, except items<br />

(1) <strong>and</strong> (2). Computer fraud is not included in general fraud. In Switzerl<strong>and</strong>, all<br />

items are separately identifiable in criminal law, except items (4) <strong>and</strong> (5). Computer<br />

fraud is not included in general fraud. For the Ukraine, all items are separately<br />

identifiable in criminal law, except items (5) <strong>and</strong> (6). Computer fraud is, in statistics,<br />

included in general fraud. Finally, in the UK: Engl<strong>and</strong> <strong>and</strong> Wales, none of the<br />

items (1) to (8) are separately identifiable in criminal law. No data are available.<br />

Computer fraud is, in statistics, included in general fraud.<br />

In sum, computer offences seem to be criminalized <strong>and</strong> defined relatively similarly<br />

across continental Europe, perhaps with the exception of Albania where the<br />

need to criminalize such offences may have been less evident up to the recent<br />

past. France <strong>and</strong> UK: Engl<strong>and</strong> <strong>and</strong> Wales do not provide any data on these offences.<br />

5. Conclusion<br />

In comparison to other offences, including some classical ones such as burglary or<br />

assault, computer offences seem to be fairly st<strong>and</strong>ardised across Europe, <strong>and</strong> data<br />

on police-recorded offences <strong>and</strong> offenders as well as on convictions are widely<br />

available.

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