35 Cybercrimes in Polish Criminal Law

I am starting a series titled „35 Cybercrimes in Polish Criminal Law.”

Computer crime and cybercrime are difficult to define unequivocally. It is generally accepted that the continuous technological progress complicates the adoption of a fixed definition of computer crime (A. Adamski).

Polish criminal law does not provide definitions for either computer crime or cybercrime. Such a definition can be found in the Polish Cybersecurity Policy adopted in 2013:
„Cybercrime is an act committed in the cyberspace.”

According to Interpol, computer crime includes acts directed against computer systems (vertical perspective) and acts committed using a computer as a tool (horizontal perspective).

The above lays the foundation for an attempt to systematize the most commonly committed cybercrimes from a legal perspective.

Here is the publication plan for individual posts in the series „35 Cybercrimes in Polish Criminal Law”:

Illegal access to a system (hacking) – art. 267 § 1 Penal Code.
Unauthorized access to all or part of an information system – art. 267 § 2 Penal Code.
Violation of the confidentiality of communication (sniffing) – art. 267 § 3 Penal Code.
Violation of data integrity (viruses, worms, Trojans) – art. 268 Penal Code and art. 268a Penal Code.
Violation of system integrity (spamming, DDoS attacks, Ping flood, etc.) – art. 269 Penal Code.
Computer sabotage (disturbing the computer system) – art. 269a Penal Code.
Creation of hacking tools – art. 269b Penal Code.
Destruction or deprivation of evidentiary value of an electronic document – art. 276 Penal Code.
Illegal acquisition of computer programs – art. 278 Penal Code.
Theft of telephone impulses – art. 285 Penal Code.
Fraud (committed with the use of a computer) – art. 286 Penal Code.
Computer fraud – art. 287 Penal Code.
Sexual offenses against minors (grooming, etc.) – art. 200a Penal Code, art. 202 Penal Code.
Offenses against honor, i.e., insult and defamation – art. 212 Penal Code, art. 216 Penal Code.
Public promotion of fascist or other totalitarian regimes – art. 256 Penal Code.
Cyberstalking – art. 190a Penal Code.
Identity theft – art. 190a § 2 Penal Code.
Wilful or negligent fencing (money mules in phishing) – art. 291 Penal Code and art. 292 Penal Code.
Cyber espionage – art. 130 Penal Code.
Violation of intellectual property rights – art. 115-123 of the Copyright and Related Rights Act.
Cost manipulation – art. 271 Penal Code, art. 62 of the Fiscal Penal Code (k.k.s.).
Offending religious feelings in cyberspace – art. 196 Penal Code.
Sale of one’s own or someone else’s identity document in cyberspace – art. 274 Penal Code.
Disseminating or publicly presenting content that may facilitate the commission of a terrorist-related crime, with the intention that such a crime will be committed – art. 255a Penal Code.
Disclosure of classified information marked as „secret” or „top secret” – art. 265 Penal Code.
Illegal disclosure of information obtained in connection with the performance of a function, job, public, social, economic, or scientific activity – art. 266 § 1 Penal Code.
Disclosure of classified information marked as „restricted” or „confidential” by a public official – art. 266 § 2 Penal Code.
Illegally distributing films, music, video games, and software
Human and organ trafficking in cyberspace
Trading licensed goods without proper documentation, including illegal goods (drugs and precursors for their production, weapons, explosives, and chemicals, protected animal species)
Illegal trade in excise goods, including tobacco products
Trading items originating from crimes and illegal turnover of national heritage goods
Extortion and issuing criminal threats by organized criminal groups
Illegal gambling in cyberspace
Others