Should e-crime be a different type of crime? Substantive and procedural law perspectives

• In Event: Cybercrime Working Group - Trends in cybercrime 2

Abstract

The paper starts from the idea that a different type of a definition of the crime might prove useful for the purpose of prevention, detection and sanction of the crimes committed in the digital domain. The definitions of the crimes were never thought of, in the past, as necessary to be applicable in the cyberspace. Now, there are a lot of criminal conducts that can be committed both in the real and digital world. Besides these, there are some crimes that can be committed only in the digital world or in relation to a computer system. The study goes through the different options that can be considered for the elaboration of a new definition of a crime specific to the e-crime, analysing the pros and cons of each possible solution when it comes to substantive and procedural issues that may appear.

Author

• Dorel Herinean, Faculty of Law, University of Bucharest