Responsibility for Computer Crimes Provided
by CIS and Baltic countries’ Criminal Law
Ukraine’s Criminal Code
Section XVI. Crimes committed by using electronic computers, their systems or networks
Article 36. Illegal interference with the work of electronic computers, their systems or networks
1. Illegal interference with the work of automated electronic computers, their systems or networks resulted in distorting, erasing computer information or destroying its carriers, as well as spreading computer viruses by using software and hardware designed for illegal penetration into these machines, systems or networks and capable of distorting, erasing computer information or destroying its carriers are punished with fine up to seventy people’s free of tax minimum incomes or refinery works within up to two years, or freedom limitation within the same term.
2. The same actions caused considerable damage, performed again or by a group of persons in prior agreement are punished with freedom limitation within up to five years or imprisonment within the same term
Article 362. Theft, misappropriation, extortion of computer information or its capture by swindling or abusing official position
1. Theft, misappropriation, extortion of computer information or its capture by swindling or abusing official position are punished with fine from fifty to two hundred people’s free of tax minimum incomes or refinery works within up to two years.
2. The same actions performed again or by a group of persons in prior agreement are punished with fine from one hundred to four hundred people’s free of tax minimum incomes, freedom limitation within up to three years or imprisonment within the same term.
3. Actions provided by Parts 1 or 2 and caused considerable damage are punished with imprisonment within the term from two to five years.
Article 363. Violation of automated electronic computer operating rules
1.Violation of automated electronic computer, system or network operating rules on the part of a person answering for their operation resulted in stealing, distorting, erasing computer information or destroying its protecting means, or copying illegally computer data, disturbing considerably the work of these machines, their systems or networks is punished with fine up to fifty people’s free of tax minimum incomes or denial of particular position or activity privileges within up to five years, or refinery works within up to two years.
2. The same action inflicted considerable damage is punished with fine up to one hundred people’s free of tax minimum incomes, refinery works within two years or freedom limitation within up to five years with denial of particular position or activity privileges within up to three years or without it.
The Russian Federation’s Criminal Code
Chapter 28. Computer information crimes
Article 272. Unauthorized access to computer information
1. Unauthorized access to law protected computer information in the electronic computers, their systems or networks or on the machine carriers resulted in erasing, blocking or copying computer information, disturbing the work of electronic computers, their systems or networks is punished with fine from two hundred to five hundred minimum wages, condemned person’s wages or another income within the term from two to five months, refinery works within the term from six months to one year, or imprisonment within up to two years.
2. The same action carried out by a group of persons in prior agreement or an organized group or a person abusing his official position and having equally an access to electronic computers, their systems or networks is punished with fine from five hundred to eight hundred minimum wages, condemned person’s wages or another income within the term from five to eight months, refinery works within the term from one to two years, arrest within the term from three to six months or imprisonment within up to five years.
Article 273. Production, use and spread of detrimental electronic computer programs
1. Production of electronic computer programs or introduction of changes into current programs resulted in erasing, blocking, modifying or copying information, disturbing the work of electronic computers, their systems or networks and use or spread of these programs are punished with imprisonment within up to three years with fine from two hundred to five hundred minimum wages or condemned person’s wages or another income within the term from two to five months.
2. The same actions entailed serious consequences through imprudence are punished with imprisonment within the term from three to seven years.
Article 274. Violation of electronic computer, system or network operating rules
1. Violation of electronic computer, system or network operating rules on the part of a person having an access to electronic computers, their systems or networks resulted in erasing, blocking or modifying law protested information and caused a considerable damage is punished with denial of particular position or activity privileges within up to five years, obligatory works within the term from one hundred and eighty to two hundred hours or freedom limitation within up to two years.
2. The same action entailed serious consequences through imprudence is punished with imprisonment within up to four years.
Azerbaijan’s Criminal Code
Chapter 30. Computer information crimes
Article 271. Unauthorized access to computer information
271.1 Unauthorized access to law protected computer information in the electronic computers, their systems or networks or on the machine carriers resulted in erasing, blocking, modifying or copying data, disturbing the work of electronic computers, their systems or networks is punished with fine from five hundred to one thousand minimum wages, refinery works within up to one year or imprisonment within up to one year.
271.2 The same action performed by:
271.2.1 a group of persons in prior agreement^;
271.2.2 an official person abusing his official position and having equally an access to electronic computers, their systems or networks^;
271.2.3 or caused great damage is punished with fine from one to two thousand minimum wages, refinery works within up to two years or imprisonment within up to three years.
Article 272. Production, use and spread of detrimental electronic computer programs
272.1 Production of electronic computer programs or introduction of changes into current programs resulted in erasing, blocking, modifying or copying information, disturbing the work of electronic computers, their systems or networks and use or spread of these programs or machine carriers with them are punished with imprisonment within up to two years with fine from five hundred to one thousand minimum wages.
272.2 The same action entailed serious consequences through imprudence are punished with imprisonment within the term from two to five years.
Article 273. Violation of electronic computer, system or network operating rules
273.1 Violation of electronic computer, system or network operating rules on the part of a person having an access to electronic computers, their systems or networks resulted in erasing, blocking or modifying law protected computer information and caused a considerable damage is punished with denial of particular position or activity privileges within up to three years, or social works within the term from one hundred and sixty to two hundred hours, refinery works within up to one year or freedom limitation within up to two years.
273.2 The same action entailed serious consequences through imprudence is punished wit refinery works within up to two years or imprisonment within up to three years.
Byelorussia’s Criminal Code
Section XII. Chapter 31. Crimes against information security
Article 349. Unauthorized access to computer information
1. Unauthorized access to information in the computer system, network or on the machine carriers accompanied with breaking their protecting means and resulted in imprudently erasing, blocking, modifying information or putting computer equipment out of action, or caused another considerable damage is punished with fine or arrest within up to six months.
2. The same action carried out for mercenary purpose, either by a group of persons in prior agreement or a person having an access to computer system or network is punished with fine, denial of particular position or activity privileges, arrest within the term from three to six months, freedom limitation within up to two years or imprisonment within the same term.
3. Unauthorized access to computer information or use of electronic computers, their system or network entailed imprudently wreck, breakdown, disaster, accidents, negative environmental changes or other grave consequences are punished with freedom limitation within up to five years or imprisonment within up to seven years.
Article 350. Modification of computer information
1. Alteration of data in the computer system, network or on the machine carriers, or introduction of obviously false information caused a considerable damage when there are no signs of a crime against property (computer data modification) are punished with fine, denial of particular position or activity privileges, arrest within the term from three to six months, freedom limitation within up to three years or imprisonment within the same term.
2. Modification of computer information connected with an unauthorized access to computer system or network, or entailed imprudently consequences stated in Part 3, Article 349, current Criminal Code is punished with freedom limitation within up to five years, imprisonment within up to seven years with denial of particular position or activity privileges or without it.
Article 351. Computer sabotage
Intentional deletion, blocking, destruction of computer information or programs and damage of computers, their systems, networks or machine carriers (computer sabotage) are punished with fine, denial of particular position or activity privileges, arrest within the term from three to six months, freedom limitation within up to five years or imprisonment within the term from one to five years.
2. Computer sabotage connected with unauthorized access to computer system or network entailed grave consequences is punished with imprisonment within the term from three to ten years.
Article 352. Unauthorized capture of computer information
Unofficial copying or another illegal capture of information stored in the computer system or on the machine carriers, as well as interception of data transmitted by means of computer connection, or caused considerable damage are punished with social works, fine, arrest within up to six months, freedom limitation within up to two years or imprisonment within the same term.
Article 353. Production or marketing of special means designed to obtain unauthorized access to computer systems or networks
Production and marketing of special software or hardware designed to obtain unauthorized access to protected computer system or network are punished with fine, arrest within the term from three to six months or freedom limitation within up to two years.
Article 354. Development, use or spread of detrimental computer programs
1. The development of computer programs or introduction of changes into current ones to delete, block, modify or copy information stored in the computer system, network or on the machine carriers, or engineering of special virus programs, their obvious use or spread of carriers with those programs are punished with fine, arrest within the term from three to six months, freedom limitation within up to two years or imprisonment within the same term.
2. The same actions entailed grave consequences are punished with imprisonment within the term from three to ten years.
Article 355. Violation of computer system or network operating rules
1. Intentional violation of computer system or network operating rules on the part of a person having an access to this system or network entailed imprudently the deletion, blocking, modification of computer information, disturbance of the computer work or other considerable damage are punished with fine, denial of particular position or activity privileges, refinery works within up to two years or freedom limitation within the same term.
2. The same action fulfilled when operating computer system or network with information of special value is punished with denial of particular position or activity privileges, freedom limitation within up to three years or imprisonment within the same term.
3. Actions provided by Parts 1 or 2 entailed imprudently consequences stated in Part 3, Article 349, current Criminal Code are punished with freedom limitation within up to five years or imprisonment within up to seven years with denial of particular position or activity privileges or without it.
Georgia’s Criminal Code
Chapter 35. Computer crimes
Article 284. Unauthorized access to computer information
1. Unauthorized access to law protected computer information in the electronic computers, their systems or networks or on the machine carriers resulted in erasing, blocking, modifying or obtaining data, or disturbing the work of electronic computers, their systems or networks is punished with fine, refinery works within up to two years or imprisonment within the same term.
2. The same action performed by:
a) Group of persons in prior agreement^;
b) Abusing official position^;
c) Person having an access to electronic computers, their systems or networks is punished with fine, refinery works within up to four months or imprisonment within up to five years.
The action provided by Parts 1 or 2, current article and entailed grave consequences is punished with imprisonment within up to five years.
Article 285. Production, use or spread of electronic computer detrimental programs
1. Production of electronic computer detrimental programs or introduction of changes into current ones resulted in erasing, blocking, modifying, copying information or disturbing the work of electronic computers, their systems or networks, as well as use or spread of such programs or machine carriers with them are punished with fine, refinery works within up to three years or imprisonment within the same term.
The same actions entailed grave consequences are punished with imprisonment within the term from three to five years.
Article 286. Violation of electronic computer, system or network operating rules
1. Violation of electronic computer, system or network operating rules on the part of a person having an access to electronic computers, their systems or networks resulted in deleting, blocking, modifying or copying law protected computer information or caused a considerable damage is punished with fine, socially useful works within the term from one hundred and eighty to two hundred hours or freedom limitation within up to two years with denial of particular position or activity privileges within up to three years or without it.
2. The same action entailed grave consequences is punished with imprisonment within up to four years.
Kazakhstan’s Criminal Code
Chapter 7. Economic activity crimes
Article 227. Unauthorized access to computer information, as well as production, use or spread of electronic computer detrimental programs
1. Unauthorized access to law protected computer information in the electronic computers, their systems, networks or on the machine carriers resulted in erasing, blocking, modifying, copying data or disturbing the work of electronic computers, their systems or networks is punished with fine from two hundred to five hundred monthly wages, condemned person’s wages or another income within the term from two to five months, socially useful works within the term from one hundred and twenty to one hundred and eighty hours, refinery works within up to one year or imprisonment within the same term.
2. The same action performed by a group of persons in prior agreement, organized group or a person abusing his official position and having equally an access to electronic computers, their systems or networks is punished with fine from five hundred to eight hundred monthly wages, condemned person’s wages or another income within the term from five to eight months, refinery works within the term from one to two years or imprisonment within up to three years.
3. Production of electronic computer programs or introduction of changes into current ones resulted in illegally deleting, blocking, modifying, copying data or disturbing the work of electronic computers, their system, network, as well as use or spread of such programs or machine carrier with them are punished with fine from five hundred to one thousand monthly wages, condemned person’s wages or another income within the term from five months to one year, refinery works within up to two years or imprisonment within the same term.
4. Actions provided by Part 3, current article and entailed grave consequences through imprudence are punished with imprisonment within up to five years.
Kirghizstan’s Criminal Code
Chapter 28. Computer information crimes
Article 289. Unauthorized access to computer information
1. Unauthorized access to law protected computer information in the electronic computers, their systems, networks or on the machine carriers resulted in erasing, blocking, modifying, copying information or disturbing the work of electronic computers, their system or network is punished with fine from one hundred to three hundred minimum monthly wages or imprisonment within up to two years.
2. The same action performed by a group of persons in prior agreement, organized group or a person abusing his official position and equally having an access to electronic computers, their systems or networks is punished with fine from two hundred to five hundred minimum monthly wages, arrest within the term from three to six months or imprisonment within up to three years.
Article 290. Production, use and spread of detrimental electronic computer programs
1. Production of electronic computer programs or introduction of changes into current ones resulted in illegally deleting, blocking, modifying, copying data or disturbing the work of electronic computers, their systems or networks, as well as use or spread of such programs or machine carriers with them are punished with imprisonment within up to three years and fine from two hundred to five hundred minimum monthly wages.
2. The same actions entailed grave consequences through imprudence are punished with imprisonment within the term from three to seven years.
Article 291. Violation of electronic computer, system or network operating rules
1. Violation of electronic computer, system or network operating rules on the part of a person having an access to electronic computers, their systems or networks resulted in erasing, blocking or modifying law protected computer information and caused considerable damage is punished with denial of particular position or activity privileges within up to five years.
2. The same action entailed imprudently grave consequences is punished with imprisonment within up to four years.
Tajikistan’s Criminal Code
Section XII. Crimes against information security
Chapter 28. Crimes against information security
Article 298. Unauthorized access to computer information
1. Unauthorized access to information in the computer system, network or on the machine carriers accompanied with breaking their protecting means is punished with fine from two hundred to four hundred minimum wages or freedom limitation within up to two years.
2. The same action entailed imprudently the deletion or blocking of information, failure of computer equipment or considerable damage are punished with fine from three hundred to five hundred minimum wages, refinery works within up to two years or imprisonment within the same term.
3. Actions provided by Parts 1 or 2, current article and entailed grave consequences through imprudence are punished with fine from four hundred to seven hundred minimum wages or imprisonment within up to three years.
Article 299. Modification of computer information
1. Change of information in the computer system, network or on the machine carriers and introduction of obviously false information (when there are no signs of stolen property) caused considerable damage or threatening with it are punished with fine from three hundred to five hundred minimum wages, refinery works within up to two years or imprisonment within the same term.
2. The same action connected with unauthorized access to computer system or network and entailed grave consequences through imprudence is punished with fine from five hundred to one thousand minimum wages or imprisonment within up to three years.
Article 300. Computer sabotage
1. Deletion, blocking, destruction of computer information or programs, damage of electronic computers, their systems, networks or machine carriers are punished with fine from two hundred to five hundred minimum wages, freedom limitation within up to two years or arrest within up to four months.
2. The same actions connected with unauthorized access to computer system or network and entailed grave consequences through imprudence are punished with fine from five hundred to one thousand minimum wages or imprisonment within up to three years.
Article 301. Illegal capture of computer information
1. Illegal copying or another unauthorized capture of computer information stored in the computer system, network or on the machine carriers and interception of data transmitted by means of computer connection are punished with fine from two hundred to five hundred minimum wages or imprisonment within up to two years.
2. Compulsion to deliver information stored in the computer system, network or on the machine carriers under threat of divulging discreditable data on à person or his relatives, using violence against a person or his relatives, as well as damaging or destroying property of a person, his relatives or other persons controlling this information is punished with freedom limitation within up to five years or imprisonment within the term from two to four years.
3. Actions provided by Parts 1 or 2, current article:
a) Connected with using brute force against a person or his relatives^;
b) Performed by a group of persons in prior agreement^;
c) Caused considerable damage to a victim^;
d) Carried out to obtain information of special value are punished with imprisonment within the term from five to seven years.
4. Actions provided by Parts 1, 2, or 3, current article:
a) Performed again^;
b) Fulfilled by an organized group^;
c) Entailed imprudently human death or other grave consequences are punished with imprisonment within the term from seven to ten years.
Article 302. Production and marketing of special means designed to obtain unauthorized access to computer system or network
Production and marketing of special software and hardware designed to obtain unauthorized access to protected computer systems or networks are punished with fine from two hundred to five hundred minimum wages, freedom limitation within up to two years or arrest within the term from two to six months.
Article 303. Development, use and spread of detrimental software
1. Development of computer programs or introduction of changes into current ones to delete, block, modify or copy data stored in the computer system, network or on the machine carriers in an illegal way, as well as development of special virus programs, their use and spread of carriers with such software are punished with fine from three hundred to five hundred minimum wages or freedom limitation within up to two years.
2. The same action entailed grave consequences through imprudence is punished with fine from five hundred to one thousand minimum wages or imprisonment within up to three years.
Article 304. Violation of computer system or network operating rules
1. Violation of computer system or network operating rules on the part of a person having an access to this system or network entailed imprudently a deleting, blocking, modifying of computer information, disturbing of the computer work or caused another considerable damage is punished with fine up to three minimum wages or freedom limitation within up to two years.
2. The same action performed when operating computer system or network with information of especial value is punished with fine from three hundred to five hundred minimum wages, refinery works within up to two years or imprisonment within the same term.
3. Actions provided by Parts 1 or 2, current article and entailed grave consequences through imprudence are punished with fine from five hundred to one thousand minimum wages or imprisonment within up to three years.
Turkmenistan’s Criminal Code
Chapter 33. Computer information crimes
Article 333. Breach of algorithm, electronic computer software, databases and integral microcircuit topology legal protection
Production of other’s algorithms, electronic computer software, databases and integral microcircuit topologies under one’s name, as well as illegal reproduction or spread of those products are punished with fine from twenty to forty average monthly wages or refinery works within up to one year.
Article334. Unauthorized access to computer information
1. Unauthorized access to law protected computer information in the electronic computers, their systems, networks or on the machine carriers resulted in erasing, blocking, modifying, copying information or disturbing the work of electronic computers, their system or network is punished with fine from fifteen to thirty average monthly wages or refinery works within up to one years.
2. The same action performed by a group of persons in prior agreement or a person abusing his official position and having an access to electronic computers, their system or network is punished with fine from twenty-five to seventy-five average monthly wages or refinery works within up to two years.
Article 335. Production, use and spread of detrimental electronic computer software
1. Production of detrimental electronic computer programs or introduction of changes into current ones resulted in erasing, blocking, modifying, copying information or disturbing the work of electronic computers, their system or network, as well as use or spread of such programs are punished with fine from twenty-five to seventy-five average monthly wages, refinery works within up to two years or imprisonment up to one year.
2. The same actions entailed grave consequences through imprudence are punished with refinery works within up to two years or imprisonment within up to two years.
Uzbekistan’s Criminal Code
Section III. Economic crimes
Chapter 10. Theft of other’s property
Article 174. Violation of informatization rules
Violation of informatization rules that is unauthorized access to information networks or authorized access to such networks without taking necessary steps of protection, or illegal data acquisition from these networks, as well as illegal change, loss, withdrawal or deletion of information at the authorized work with information system inflicted considerable damage is punished with fine up to fifty minimum wages, refinery works within up to three years or arrest within up to three months.
Production of computer viruses or programs, their spread without appropriate sanctions to change data or programs stored in the computer systems or unauthorized access to the information system resulted in distorting, withdrawing, deleting information or interrupting the system operation are punished with fine from fifty to one hundred minimum wages, arrest within the term from three to six months or imprisonment within up to three years with denial of particular privileges.
Estonia’s Criminal Code
Computer information crimes
Article 268. Computer Fraud
Acquisition of other’s property or deriving of benefits through introduction of computer programs or data, as well as their modification, deletion, blocking or another kind of interference with the procedure of processing information that influences its results and causes direct property or another damage to a person are punished with fine, arrest or imprisonment within the term from one to six years.
Article 269. Deletion of computer information or software
1. Illegal deletion, damage, violation or blocking of computer information or software are punished with fine or arrest.
2. The same actions:
a) Caused a great property loss^;
b) Directed against main State registers^;
c) Performed by a group of persons in prior agreement are punished with arrest or imprisonment within up to two years.
Article 270. Computer sabotage
1. Introduction of data or programs, their modification, deletion or blocking to create disturbance interferences in the work of computer or telecommunication system are punished with fine, arrest or imprisonment within up to two years.
2. The same actions:
a) Inflicted great property loss^;
b) Directed at creating disturbance interferences in the work of main State registers are punished with imprisonment up to four years.
Article 271. Illegal use of computers, their systems or networks
1. Illegal use of computers, their systems or networks through elimination of their protecting means (codes, passwords and so on) is punished with fine or arrest.
2. The same action:
a) Committed again^;
b) Inflicted considerable damage^;
c) Performed by using computers, their systems or networks containing information of State secret or official application is punished with fine, arrest or imprisonment within up to two years.
Article 272. Illegal interruption or blocking of the computer system connection
Illegal interruption or blocking of computer system connection with the help of technical means are punished with fine, arrest or imprisonment within up to two years.
Article 273. Obvious spread of computer viruses
1. Obvious spread of computer viruses is punished with fine.
2. The same action performed again, caused considerable damage, directed against State computer system or a network of universal application is punished with fine, arrest or imprisonment within the term from one to four years.
Article 274. Transfer of protecting codes
1. Transfer of protecting codes for computers, their systems or networks is punished with fine or arrest.
2. The same crime if transferred protecting codes allow penetrating into computers or data banks with personal information of delicate character, State secret or official application is punished with arrest or imprisonment within up to two years.
3. The same action carried out to derive benefits or caused considerable damage is punished with arrest or imprisonment within up to four years.
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