68 MARIA-MAGDALENA BARSAN
As a result, on an international level, the European Council initiated a series of
regulations regarding cyber crime. Similarly, the Romanian lawmaker
incriminated in the second title, chapter IV of the Criminal Code “patrimonial
fraud committed with the use of computer systems and electronic means of
payment”. The text regulating the crime of computer fraud, as stated in article 249
of the Criminal Code represents an adjustment of article 49 of Law no 161/20031,
as the only difference is the one regarding the sanctions; title VI generically called
“Forgery crimes”, in chapter III “Document forgery” incriminates in article 325 of
the Criminal Code, the crime of computer forgery, thus corresponding to the
provisions of article 48 of Law no 161/2003.
On November 23rd, 2001, member states of the European Council have drafted
and signed the “Convention on cyber crime”. Subsequently, on January 28th, 2003,
all member states signed “The additional protocol for the convention on cyber
crime for the incrimination of racial and xenophobic crimes committed with the
use of computer systems”.
Romania signed this additional protocol on October 9th, 2003. The Convention
and the Additional Protocol establish the background for investigating and
criminally sanctioning computer crimes, as well as interstate cooperation,
necessary for ending this rod. The Convention emphasizes the necessity of
criminally regulating deeds such as: illegal access to a computer system, the illegal
intercept of computer transmissions, computer forgery, computer fraud, internet
child pornography, violation of property rights and other connected rights and so
The Romanian Parliament attempted to pass these directives by Law no
161/2003 regarding some measures for ensuring transparency in exercising public
offices and in business environment, the prevention and sanction of corruption.
In fighting cyber crime, we need a strong legislative background in regard to
the prevention, discovery and sanction of these deeds. Through the international
Conventions adopted as law, Romania is forced to develop a legislative system
specific for these types of crimes. Law no 161/2003 was the first step; subsequently
the lawmaker incriminated these deeds in the Criminal Code but, in order to
maintain the same rhythm of the fast and diverse evolution of these crimes, the
legislative activity must not stop.
In continuing with this article, I would like to analyze, from a judicial-criminal
perspective, the crimes of computer fraud and computer forgery, as regulated by
the provisions of the Criminal Code and special laws.
The crime of computer fraud is regulated in article 249 of the Criminal Code and
article 49 of Law no 161/2003. The text of the Criminal Code states the following:
“the deed of causing a patrimonial prejudice to a certain person by entering,
1 Law no 161/2003 regarding a series of measures to ensure transparency in exercising public
office, public functions and the sanctioning of corruption, published in the Official Bulletin no 279 of
April 21st, 2003, with subsequent changes.