Оffenses Against Property in the Conditions of Digital Transformation

Abstract

The article discusses some issues of criminal liability for offenses against property committed in the conditions of digital transformation, which causes the emergence of new ways of committing crimes that require improvement of criminal law regulation at the present stage of public relations' development. The article pays special attention to the problems of qualification of individual criminal encroachments committed with the use of information and telecommunication technologies and computer information. The issues of determining some elements, as well as the qualification of special fraud crimes, for which attackers use electronic means of payment, computer systems, digital accesses, are considered. The article focuses on the lack of consensus in opinion among the scientific community and law enforcers regarding the definition of the object and subject of this crime, existing difficulties in identifying the objective side, as well as disjoint of approaches to the practice of qualifying acquisitive crimes committed using information and telecommunication technologies and computer information. In addition, some problems related to the definition of cryptocurrency as a subject of crimes are considered. In order to solve the problems, an analysis of law enforcement practice was carried out, existing trends and contradictions in the differentiation of the problematic aspects are identified. Finally, the article substantiates the conclusion that the high speed of information technology development requires the criminal legislation dynamism, which should reflect public relations changes in the context of digital globalization. It is emphasized, that certain steps to regulate public relations in the context of digital globalization have been taken by the legislation. However, the issue of adapting the criminal law to the new conditions and current demands of the information society is one of the priorities.