Cybercrimes represent an emerging field of criminal law and therefore do not benefit from very precise regulation, as the Criminal Code provides only a limited number of cyber offenses.<\/span><\/i><\/p>\n In addition to these provisions in the Criminal Code, there are special applicable laws, such as Law 365\/2002, as well as European regulations, for example, Directive (EU) 2019\/713 on combating fraud and counterfeiting related to non-cash means of payment.<\/span><\/i><\/p>\n Thus, given the difficult-to-navigate legal framework and the specific complexity of cases involving digital offenses, we recommend that you seek assistance from one of our criminal law specialists in Romania<\/a> if you are suspected of committing such an offense, to ensure that you receive effective defense during the criminal proceedings.<\/span><\/i><\/p>\n Although there is no precise legal definition of cybercrimes, they generally refer to illicit actions carried out in the field of information technology and communications, as well as digital data. In a narrow sense, computer systems and data represent the object of various offenses included in this category. Some of these are regulated by the Criminal Code and include computer fraud, computer forgery, illegal access to a computer system, alteration of data integrity, disruption of computer systems, or unauthorized data transfer.<\/span><\/p>\n The crime of computer fraud is incriminated by Article 249 of the Criminal Code, which penalizes “the introduction, transmission, modification, or deletion of computer data, restricting access to such data, or preventing the operation of a computer system in any way, with the intent to obtain material benefits for oneself or another, if it causes damage to a person.” Thus, for an act to be classified as computer fraud, the following conditions must be met:<\/span><\/p>\n In phishing attacks, a direct link cannot be established between the data entry and the damage caused, as the victim self-harms by entering the data. This can occur through an email pretending to be from a well-known bank (but actually from a fake email address), containing false information about an alleged issue with the recipient’s bank account, urging them to click on a provided link to update their data or resolve the issue. The link would lead to a fraudulent website designed to collect personal information.<\/span><\/p>\n The crime of computer fraud is punishable by imprisonment from 2 to 7 years. One of our specialized criminal law attorneys, particularly in cybercrimes, can represent and assist you in any phase of the criminal proceedings, both before investigative authorities during the investigation phase and in court.<\/span><\/p>\n The crime of computer forgery is incriminated by Article 325 of the Criminal Code, which penalizes “the act of introducing, modifying, or deleting computer data without authorization or restricting access to such data without authorization, resulting in inaccurate data, with the intent to use them for producing legal consequences.” The protected value in regulating this offense is public trust in the authenticity of digital records and their content.<\/span><\/p>\n This offense can be committed by a natural or legal person, and it is essential that the perpetrator interacts with computer data stored in an IT system (thus producing false data) with the intent to generate legal consequences. This can be achieved by introducing false data, altering data (even partially), and making them likely to produce legal consequences.<\/span><\/p>\n According to Decision 4\/2021 of the High Court of Cassation and Justice, “The act of opening and using a <\/span>social media account<\/b> under the name of another person, <\/span>entering real personal data that allow the identification of that person<\/span><\/i>, meets two essential requirements of the crime of computer forgery under Article 325 of the <\/span>Criminal Code<\/span><\/a>, namely that the action of entering computer data is performed without authorization and that the resulting data are inaccurate.”<\/span><\/p>\n The crime of computer forgery is punishable by imprisonment from 1 to 5 years.<\/span><\/p>\n The crime of altering the integrity of computer data is incriminated by Article 362 of the Criminal Code, which penalizes “the act of modifying, deleting, or deteriorating computer data or restricting access to such data without authorization.” <\/span><\/p>\n This offense can be committed by a natural or legal person and involves an action (modification, deletion, restriction) targeting computer data. For example, deleting an email constitutes this offense.<\/span><\/p>\n The crime of altering data integrity is punishable by imprisonment from 1 to 5 years.<\/span><\/p>\n The crime of illegal access to a computer system is incriminated by Article 360 of the Criminal Code, stating that “unauthorized access to a computer system” constitutes an offense.<\/span><\/p>\n The crime of illegal access to a computer system is punishable by imprisonment from 3 months to 3 years or a fine in its simple form, but it is often committed in an aggravated form.<\/span><\/p>\n The crime of unauthorized data transfer is incriminated by Article 364 of the Criminal Code, penalizing “the unauthorized transfer of data from a computer system or from a data storage device.”<\/span><\/p>\n A criminal lawyer in Romania<\/a> from the Blaj Law<\/a> team is available to represent and assist you at any stage of criminal proceedings.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" Why should you be assisted by a criminal law lawyer in criminal proceedings in Romania? Cybercrimes represent an emerging field of criminal law and therefore do not benefit from very precise regulation, as the Criminal Code provides only a limited number of cyber offenses. In addition to these provisions in the Criminal Code, there are […]<\/p>\n","protected":false},"featured_media":2954,"parent":4807,"menu_order":0,"template":"","class_list":["post-4820","servicii","type-servicii","status-publish","has-post-thumbnail","hentry","layout_category-criminal-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/servicii\/4820","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/servicii"}],"about":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/types\/servicii"}],"up":[{"embeddable":true,"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/servicii\/4807"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/media\/2954"}],"wp:attachment":[{"href":"https:\/\/blaj-law.ro\/en\/wp-json\/wp\/v2\/media?parent=4820"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What are cybercrimes and which offenses fall under this category in Romania?<\/b><\/h2>\n
Computer Fraud in Romania<\/b><\/h3>\n
\n
Computer Forgery in Romania<\/b><\/h3>\n
Alteration of Data Integrity in Romania<\/b><\/h3>\n
Illegal Access to a Computer System in Romania<\/b><\/h3>\n
Unauthorized Data Transfer in Romania<\/b><\/h3>\n