Computer Sabotage in Polish Law – What is Important to Know? (Article 269a of the Penal Code)
Computer Sabotage from a Legal Perspective
The crime of computer sabotage is regulated in Article 269a of the Penal Code. This provision aims to protect the integrity of IT systems, telecommunications networks, and ensure the security of data, which are crucial for the functioning of businesses and institutions.
Who is the perpetrator of the computer sabotage crime?
It is important to emphasize that the perpetrator of this crime can be anyone who intentionally disrupts the operation of computer systems. Computer sabotage can be committed both through active actions (e.g., malicious software, data manipulation) and through omissions that result in serious consequences for the functioning of IT systems.
What does the crime of computer sabotage cover?
According to Article 269a of the Penal Code, in addition to acts such as the destruction, deletion, damage, or alteration of computer data (as specified in Article 268a of the Penal Code), this crime also includes disrupting the operation of computer systems and telecommunications networks. This means that any action that can seriously disrupt the functioning of such infrastructure can be considered computer sabotage. Examples include spreading viruses, DDoS attacks, and unauthorized data modification.
What penalty does computer sabotage carry?
The penalty for committing the crime of computer sabotage is imprisonment for a term ranging from 3 months to 5 years. It is important to note that this offense is prosecuted ex officio, meaning the prosecutor conducts the proceedings on their own initiative. If you run a business or manage an IT system, preventing such crimes is crucial, and if in doubt, seeking legal advice is advisable.
Computer Sabotage vs. Destruction of Databases – What’s the Difference?
It is also worth noting the differences between the crime of computer sabotage (Article 269a of the Penal Code) and the crime of destruction of databases (Article 268a of the Penal Code). Although both crimes involve illegal actions against computer systems, they differ in terms of penalties and the prosecution process. There is also a legal discussion about the removal of Article 268a from the Penal Code due to the overlap of normative content with Article 269a.
If you have doubts about this provision, it is worth consulting with a specialist. Such cases require thorough analysis and precise application of the law.
Case Examples – How Does Case Law Approach the Issue?
Here are a few examples from the case law of Polish courts, illustrating how courts approach the issue of computer sabotage:
- Judgment of the District Court in Świdnica of January 9, 2018, case file IV K 720/17: Between October 2013 and April 2014, in J. and K. (voivodeship (…)), without authorization, by placing false orders and transmitting computer data, the defendant hindered access to the computer system servicing an online store on the website (…), significantly disrupting its operation, to the detriment of A. L. K., which constituted an offense under Article 269a of the Penal Code in conjunction with Article 12 of the Penal Code.
- Judgment of the District Court in Bydgoszcz of May 13, 2015, case file IV Ka 141/15: On October 10, 2012, at 18:17, without authorization, after logging into the online service (…), to which the General Secondary School No. (…) in B. is connected, the defendant made changes to the system by deleting the user account assigned to one of the teachers, P. D., which constituted an offense under Article 269a of the Penal Code.
- Judgment of the District Court in Elbląg of February 12, 2015, case file IV Ka 11/15: On May 31, 2013, in the town of Z., without authorization, using the card (…) and software on a laptop’s hard drive, the defendant sent SYN packets, blocking the operation of the computer system and the website, seriously disrupting the system’s operation, to the detriment of M. Ż., constituting an offense under Article 269a of the Penal Code.
Protect Yourself from Computer Sabotage!
If you manage an IT system, website, or database, ensuring security is your responsibility. Incidents related to computer sabotage can lead to significant financial and reputational losses.
Legal Status as of: January 31, 2022
Cyberlaw by Judyta 