| Abstrakt: |
The paper presents aspects of modernity in the national legal regulations of cyber- crimes. The Exordium presents the global phenomenon of cybercrime, reflecting the implications that the information technology and communications development have on the social environment in the context of a need for legal regulations which must ensure social protection against emerging criminal slippages in the field of informatics. The paper further introduces the main international legal benchmarks used for reshaping and modernizing the national legal framework for regulating the cyber-crime as well as the international organizations which are mandated to conduct activities designed to establish global regulations in cybercrime. In presenting the national legal framework, the legal standards contained within the Council of Europe Convention on the Romanian legislation are clarified, highlighting issues of substantive and procedural provisions contained in Law no.161/2003. Below are exposed the most important aspects of laws regulating cybercrime, including the new Penal Code and provisions relating to international cooperation in this field. The final conclusions assess in the end, how the specific legal rules meet the challenges of the cyber-crime phenomenon, while noting that there is a gap between the increased incidence of cyber- crimes and the existent legislation. These conclusions are establishing guidelines for the introduction of appropriate regulations to combat cybercrime. [ABSTRACT FROM AUTHOR] |
