Fraud in the field of computer information
Lthough the fact that fraud in the sphere of computer information - a relatively new type of crime, the legal framework provides sufficient regulations, which determine the degree of responsibility for cyberhawks.
The essence of fraud in the field of computer information is the theft of someone else's property and manifests itself in the form of data blocking; entering incorrect computer information; deletion or unauthorized transfer of other people's data.
Responsibility for fraud in the field of computer information
Fraud in any form is subject to prosecution and legal proceedings as a criminal offense. Depending on the volume and importance of the information transmitted, as well as on the amount of damage caused to the victim, the punishment under Article 159.6. “Computer fraud” includes:
- a fine of up to 120 thousand rubles and / or payment depending on the income of the accused;
- correctional labor for a period from 360 hours to one year;
- arrest for up to four months;
- conditional restraint of freedom for up to two years.
If fraud in the field of computer information was committed by prior conspiracy by a group of fraudsters, then the maximum penalties increase to 300 thousand rubles, the term of correctional labor - up to 480 hours or two years. In addition, the law provides for each of the criminal gangs a punishment in the form of forced corrective labor for a period of one year with restraint of freedom for a period of one to five years.
Aggravating circumstances in the field of computer information are considered fraud with the use of official position to access information and theft on a large scale. A large amount in the definition of Article 159.6 is 1.5 million rubles, an especially large amount is an amount exceeding 6 million.In such cases, the fine under Article 159.6 of the Criminal Code of the Russian Federation increases to 500 thousand rubles or is replaced by an amount equal to the salary for a period of one up to three years. The term of correctional labor rises to five years, and the term under arrest - up to six years with a fine of up to 80 thousand rubles.
The most severe penalties are provided for an organized group of fraudsters who committed theft or illegal manipulation of computer information on a large scale. Then the amount of the fine rises to one million rubles, and the maximum sanction is imprisonment for up to three years.
For the purposes of article 159.6, a distinction is made between fraud committed by a conspiracy group and fraud committed by an organized group. In the second case, it is required to prove that a stable group was operating, which has existed for a long time and on whose account there are several similar crimes, that is, the organization of the group.
Composition of a crime under the article for computer fraud
Not all unauthorized actions with computer information are regarded by law as crimes requiring punishment under Article 159.6 of the Criminal Code. An intent to use stolen data against the data owner or a third party is a sign of computer information fraud. Criminal liability arises if the information was misappropriated in order to cause harm and if damage was caused to the owner of the information or a third party. Another sign of fraud is the acquisition of rights to another's property, which manifests itself in the disposal of another's property as one's own.
The objects of crime in the field of computer information from the point of view of the law are:
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The law interprets fraudulent manipulations with computer information as follows:
- INPUT incorrect or knowingly false data into storage locations of computer information, removable disks or servers, for further operations with them;
- DELETION of a part of information or data in full without the possibility of their recovery, as well as deletion or destruction of sources of information data or media;
- BLOCKING the path to obtaining computer information, blocking access without deleting data.
- VIEWING information by entering additional data or changing the order and content of signals;
- INTERFERENCE with computer information at any stage: transmission, networking or storage;
- VIOLATION of the integrity of the system and the sequence of information handling processes.
Fraud in the field of computer information usually occurs in two stages. At the first stage, cybercriminals obtain someone else's data, for example, they hack pages on social networks or use social engineering techniques to find out the necessary data from the victim. At the second stage, in fact, the scammers use the received data for their own selfish purposes.
If the scam ends at the first stage, the attackers are liable under Article 272 of the Criminal Code of the Russian Federation "Illegal Access to Computer Information". If, in order to achieve their goals, fraudsters have infected the victim's computer with a virus or introduced spyware, they are liable under article 273 "Creation, use and distribution of malicious computer programs."
If an attacker hacked into an account on social networks or a mailbox, but did not use the information received, but only studied the contents, for example, a guy read a girl's correspondence without permission, then his actions are classified under Article 138 of the Criminal Code of the Russian Federation "Violation of the secrecy of correspondence, telephone conversations, post , telegraph or other messages ".
Judicial practice shows that cyber fraudsters, including those who have committed the theft of electronic money or funds from bank cards, are most often charged and sentenced under three articles at once: 272, 273, 159.6 of the Criminal Code. The penalty will be determined by a combination of articles.
Criminal liability for fraud in the field of computer information begins from the age of 16, provided that the value of the stolen property exceeds one thousand rubles. It is possible to avoid criminal liability if the court finds the offender's actions unintentional or negligent.
Computer Fraud Investigation
Investigation of offenses in the field of computer information is conducted by an employee of the internal affairs bodies. In many countries, cyber police units have been created, which are focused on solving IT crimes. According to the law "On Operational Investigative Activity", other law enforcement agencies have the right to obtain the authority to investigate violations in the computer sphere. For example, when it comes to damage on an especially large scale at the stage of preliminary investigation or in parallel to cases under Article 159.6, officers of the FSB and the Investigative Committee may be involved. Thanks to the well-coordinated work of law enforcement agencies and the developed legislative framework, the number of sentences under Article 159.6 is increasing by 15% annually.
Examples from judicial practice
The defendant obtained information with the passport data of the victims, after which the defendant decided to steal money from the victim. To implement the conceived plan, he needed to establish a bank card number and a phone number on which the Mobile Bank service was connected. By accessing a mobile bank, the fraudster hoped to steal funds from the card. As a result of the machinations, the criminal managed to withdraw 9,300 rubles from the victim's bank account. The court found the swindler guilty of committing a crime under part 2 of Article 159.6 and sentenced him to imprisonment for a period of two years with a probationary period of two years.
In another case, the defendant got acquainted with the victims in the Telegram messenger and fraudulently obtained access to accounts from users, and then sent messages on their behalf asking them to replenish their mobile phone account. The court recognized the actions of the defendant as fraud in the field of computer information with causing significant damage and issued a verdict under Part 2 of Article 159.6 of the Criminal Code of the Russian Federation.
