272 of the Criminal Code. "Illegal access to computer information"

Unauthorized access to computer information today is considered the most common type of crime in modern conditions. Illegal actions of this nature have recently become threatening. Next, we will consider what kind of unauthorized access to computer information is and what liability is provided for this crime.

General information

Due to general computerization, the emergence of the Internet, a large number of people have access to information. The crimes related to the illegal intrusion into databases affect the interests of the whole world. They cause damage to states in general and to specific people in particular.

Art. 272 of the Criminal Code

In the dispositions of certain criminal legal regulations, there is an indication of the subject of an unlawful assault, its features are given. Art. 272 of the Criminal Code includes explanations of the specifics of crimes related to PC databases. In the provisions of the normative act, the subject of the violation does not possess any real properties - natural physical parameters. The information is non-material, but its turnover is realized by means of material carriers. Information affected by the offender is under state protection. Legislation establishes a certain order of data turnover.

An Important Moment

The role of computer data in the system of legal relations that arise in the information sphere is still a very debatable subject. Disputes on this issue have not yet ended with the formulation of a legislative and scientific definition that would be universally recognized. Analyzing Article 272 of the Criminal Code of the Russian Federation, it is necessary to note that it is effective only if the information is protected by law, contained on a computer medium, in a computer, act as an intangible value.

The objective side of the violation

In Art. 272, part 1, Criminal Code states that the crime occurs if the action resulted in the blocking, destruction, copying or modification of data, a violation in the work of a computer, network or system. According to the definition given by the legislation, three main features of this violation are singled out. They characterize this crime from an objective, external aspect. They include:

• Unauthorized access to information is considered an action that is dangerous for society with regard to information protected by law.
• This violation has certain consequences.
• There is a connection between this action and its result.

In the absence of at least one of the above conditions, criminal punishment under art. 272 of the Criminal Code does not apply.

Specificity of the criteria

Among the objective features of the crime being analyzed, its danger to society is considered to be the main one. It manifests itself always in the active behavior of the guilty subject, since to commit the crime specified in Art. 272 of the Criminal Code of the Russian Federation, through inaction is impossible. Thus, due to the fact that the person's guilt lies in the invasion of a database protected by law, it is the establishment of the very fact of illegal actions as one of the necessary circumstances to bring him to criminal liability. Unauthorized access is considered a mandatory feature, which characterizes this violation from an objective side of it. The order, according to which it is possible to obtain certain information, is established either by the owner or by an authorized state agency (for example, regarding military secrets).

Art. 272 of the Criminal Code: comment

It is necessary to pay attention to the information contained in the dispositions of the normative act. In particular, it indicates unauthorized access directly to computer information. Do not refer to the media on which the data is contained. Accordingly, mechanical damage to the PC, as a result of which the information on it was destroyed, does not correspond to the legal content that is established in the normative act under consideration. Consequently, this circumstance does not entail criminal liability provided for in it.

Analyzing Article 272 of the Criminal Code of the Russian Federation, it must be recognized that in the case of the commission of an act, the material nature of the crime is discerned. The violation is considered to be over from the moment of the appearance of dangerous consequences for society, which are alternatively listed in the dispositions of the norm. In the absence of these circumstances, the crime is considered incomplete. In this regard, the actions of the person, in spite of the fact that they are connected with unauthorized access, but did not result in copying, modifying, blocking or destroying information, violations in the work of the PC, system or network, form only preliminary illegal behavior. They are qualified using the provisions of Art. 30 of the Criminal Code. In part 2 of the said normative act, criminal responsibility takes place when preparing for a grave and especially grave crime. Qualified and simple unlawful access to data is attributed to violations of small and medium severity. Accordingly, preparations for these crimes are not punishable. If there is an unauthorized access, as defined in Art. 272, which entailed consequences, then criminal responsibility will be applied.

Term of punishment

In accordance with Art. 66, part 3, of the Criminal Code of the Russian Federation, the term appointed in an attempt to commit an offense should not exceed 3/4 of the maximum or the most severe type of coercive measure under the relevant article in a particular part of the code for the crime committed. The maximum penalty for a simple type of illegal intrusion into the database is imprisonment of up to 2 years. When attempting to commit a crime, no more than 1.5 years may be imposed if the act was not committed in full by prior agreement with several persons organized by a grouping or an official who exceeded his official authority. When attempted for qualified unlawful access, no more than 3.9 years of imprisonment is imposed.