Review article
https://doi.org/10.31141/zrpfs.2016.53.121.855
Transmission of computer data- moveable matter in criminal law
Dražen Škrtić
Abstract
Criminal law response to the development of information and communication technology and misuse of public communications service for a long period of time does not follow contemporary models of collection of digital electronic communications services, value added services, transfer pictures, sound, text and computer data in units adapted to the type of service. The legislator did not follow the trends of the progressive development of information and communication technologies, and adapt the definition of movable objects. Transfer images, sound and text electronic data remotely according to the provisions of the Criminal Code is not movable objects, nor the extensive interpretation of the concept phone impulse does not fall within the definition of movable objects. Unauthorized use of modern forms of communication and data transfer can not be defined as a criminal act of theft and aggravated theft because that would be contrary to the principle of legality. Court decisions in proceedings initiated due to unauthorized use of value added services and transmission of computer data not define these services as movable objects. On the basis of the general indications of modern communication services, comparative legislation and case-law that the need to be in the Criminal Code transfer images, sounds, text and computer data remotely defined as movable object.
Keywords
Criminal code; telephone impulses; movable object; transfer of computer data
Hrčak ID:
165941
URI
Publication date:
12.9.2016.
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