18 IONUŢ ANDREI BARBU, CRISTINA PIELMUŞ
The specific legal object consists in the interest of the owner, the holder or
user of the legally protected computer system, but also of the legal owner, holder
or user of the computer data stored or disseminated in that system.
As a result of the criminalization provisions, computer crimes have two or
more specific legal objects, as they affect two or several social values. One of
these legal objects is primary, whereas the other/others is/are adjacent or
secondary. For example, the unauthorized access to a computer system
connected to a state’s national security endangers both the national security and
the accessed information.
The material object of the offense is represented by the material entities that
make up computer systems (computers, networks, hardware - peripheral
equipment, wires, plates, servers and so on).
The subject of the offense
The active subject can be any criminally liable natural or legal person3 and it
is not circumstantiated in any way. Judicial practice has shown that perpetrators
are usually people who possess solid knowledge of information technology4.
Actually, many of these offenders are experts in computer systems and computer
networks and are skilled in „breaking” the protection systems of these
information networks. Participation is possible in all its forms: co-participation,
The passive subject is the natural or legal entity owning or legally
possessing the computer system or computer data accessed without
authorization. When the computer data targeted by the illegal access refers to a
natural or legal person other than the rightful owner or holder of the information
system, then we can speak of a secondary passive subject. The literature
exemplifies the illegal access to an integrated computerized record of individuals
and the access to the personal data of an individual5.
The objective element of the crime
The material element is achieved by the unauthorized access to a computer
system. The access involves entering the entire system or only part of it. But the
access method is rather irrelevant. In its simplest form, the unauthorized access
to a computer system consists in the perpetrator’s interaction with the
information technology via devices or components of the targeted computer
3 M. Dobrinoiu, 2006, Computer crimes, Bucharest: C.H. Beck Publishing House, p. 148.
4 The indictment of the Prosecutor’s Office of Iaşi Appeals Court served to determine that the
defendant, C.D., had to be sent to trial for committing the offenses stipulated by and punishable
according to article 46, paragraph (2) of the Romanian Law no. 161/2003. According to the
indictment, the defendant had developed a new version of the MS Blast computer virus, called
Blaster, which he illegally possessed and distributed, thus infecting a series of 27 computer
systems. The defendant, C.D., was working as network administrator of the a certain company in
Iaşi and was great on IT and interested in issues related to computer system security. In M. Zainea
& R. Simion, 2009, Computer crimes. Reports of judicial practice, Bucharest: C.H. Beck Publishing
House, pp. 29-32.
5 M.A. Hotca & M. Dobrinoiu, p. 577.