What Does This Crime Involve?
In the age of digitalization and widespread internet access, computer fraud has become one of the most common threats in the online space. What exactly is computer fraud, how is it regulated by law, and what consequences await the perpetrator? Read on to learn the details of this crime.
What is Computer Fraud?
Computer fraud is a crime that involves the dishonest acquisition of financial benefits or causing financial damage using computer technology. According to Article 287 of the Penal Code, it involves deceiving an individual or institution using computer devices, the internet, or other technological means to gain financial benefits or cause a loss.
What Are the Characteristics of Computer Fraud?
Computer fraud can take various forms, such as:
- Phishing – stealing login credentials to bank accounts or other sensitive information.
- Impersonation – using false identities to take control over user accounts.
- Data manipulation – introducing false information into computer systems, such as those in banks or online stores.
- Malware (malicious software) – installing viruses or trojans to steal confidential information.
Who Can Be the Perpetrator of Computer Fraud?
The perpetrator of computer fraud can be almost anyone who has access to technological tools and uses them in dishonest ways. This means that the crime can be committed by both individuals with advanced computer knowledge and those with basic technical skills, as long as they have the intent to commit fraud.
What Penalty Does Computer Fraud Carry?
For committing computer fraud, under Article 287 of the Penal Code, the penalty can range from 6 months to 8 years of imprisonment. However, the court may impose a lighter sentence if the perpetrator shows remorse, cooperates with law enforcement, or acted under mitigating circumstances.
It is also important to note that computer crimes may result in additional consequences, such as the obligation to repair the damage caused to the victim.
Which Devices Are Related to This Crime?
All electronic and computer devices, such as computers, mobile phones, tablets, as well as internet networks, servers, and mobile applications, can be used to commit computer fraud. The perpetrator does not need to have physical access to the victim’s devices to commit the crime – they only need access to the network and technological knowledge to deceive computer systems.
Examples of Computer Frauds from Case Law
- Bank Phishing
The perpetrator sent email messages pretending to be from a bank, encouraging the victim to click on a link and enter login details for internet banking. As a result, the perpetrator gained access to the victim’s bank accounts and made transfers to their own account. - Impersonating a Company
A fraudster created a fake website impersonating a well-known company and convinced users to enter their personal details and credit card numbers, which were later used to make online purchases.
Defense Against Computer Fraud Charges
Defendants in computer fraud cases can defend themselves in various ways:
- Lack of awareness of the illegality of the actions – arguing that they acted under the mistaken belief that their actions were legal.
- Lack of intent to commit fraud – proving that they did not intend to gain financial benefits at the expense of another person.
- Technical error – claiming that the fraud occurred accidentally, for example, due to a system error.
How to Avoid Becoming a Victim of Computer Fraud?
- Use up-to-date antivirus software.
- Use strong passwords and never share your login details.
- Be cautious when clicking on suspicious links and attachments in emails.
- Regularly check your transaction history on your bank accounts.
Conclusion
Computer fraud poses a serious threat to internet users. According to Article 287 of the Penal Code, perpetrators of computer fraud can face significant penalties. It is crucial to be aware of potential threats and use the internet responsibly.
Status as of: February 17, 2022
Cyberlaw by Judyta 