„Theft of Telephone Impulses” – What Is Behind This Crime?
Have you ever wondered what „theft of telephone impulses” means? Although it sounds like a classic theft, it actually refers to a completely different crime, regulated by Article 285 of the Penal Code. What is it and what consequences does the unlawful use of someone else’s telecommunication services entail? Here are some key details!
Who Can Be the Perpetrator of This Crime?
Almost anyone can be the perpetrator of the theft of telephone impulses. How does it work? A person who connects to a telecommunication device without the owner’s consent and activates telephone impulses on someone else’s account commits this crime. Sounds simple, right? Although the term „theft of impulses” may sound like taking someone’s property, it actually refers to the unlawful use of someone else’s rights.
Which Devices Are Involved?
According to the law, a telecommunication device is any electronic or electrical device used to ensure communication. This includes phones, smartphones, computers, and tablets. The crime thus applies to any device through which we can connect to the telecommunication network.
What Are Telephone Impulses?
Telephone impulses are electromagnetic energy used to calculate charges for telephone calls. Each call is measured by impulses, and the corresponding billing occurs based on how many of these impulses are sent.
What Penalty Does the Theft of Telephone Impulses Carry?
The penalty for this crime is up to 3 years of imprisonment. Interestingly, the crime is prosecuted ex officio, but if the victim is a close relative of the perpetrator, the case can only be initiated upon the victim’s request.
Is Using a Work Phone Contrary to Rules Also Considered Theft of Impulses?
Not exactly! If someone uses a work phone in a manner inconsistent with the established rules, it does not constitute the crime of „theft of telephone impulses.” The fact that the perpetrator has permission to use the device does not automatically mean a crime has occurred if they are only violating the usage rules.
What About Calling from a Stolen Phone?
This is not theft of impulses! If the perpetrator uses a stolen phone, they are not activating impulses in the manner described in Article 285 of the Penal Code – this would require a different legal qualification.
If you want to learn more about cybercrimes, don’t miss upcoming blog posts!
Legal status as of: February 13, 2022.
Cyberlaw by Judyta 