Criminal law and "digital crime": problems and solutions

Abstract

The monograph is devoted to a complex of theoretical and applied problems of adapting the domestic mechanism of criminal law protection to the "digitalization" of crime in the conditions of the formation of the information society. Along with general theoretical issues, foreign criminal legislation and provisions of international law are being thoroughly analyzed. The paper presents an updated criminal-legal description of crimes in the field of computer information, including novelties of Russian criminal legislation - unlawful impact on the critical information infrastructure of the Russian Federation (Article 2741 of the Criminal Code of the Russian Federation), developed proposals for the differentiation of criminal liability for attacks on the security of computer data and systems, developed scientifically sound recommendations for qualification. In the second edition, the issues of differentiation of criminal liability for digital crimes by means of the General and Special Parts of the Criminal Code of the Russian Federation are separately worked out. The analysis of the problems of qualification of crimes in the field of computer information, as well as other crimes committed using information and communication technologies, outside of Chapter 28 of the Criminal Code of the Russian Federation. Taking into account the results obtained, a draft resolution of the Plenum of the Supreme Court of the Russian Federation "On judicial practice in cases of crimes in the field of computer information" is presented. It is intended for researchers, teachers, practicing lawyers, students and postgraduates of law schools and faculties.