Similarity and Competition Between Cybercrimes Related to Computer Data in the Council of Europe's Convention on Cybercrime

Pedro Dias Venâncio

Abstract

The Council of Europe's Convention on Cybercrime provides four types of cybercrime for very similar acts on computer data: data interference, system interference, computer-related forgery and computer-related fraud. All these crimes criminalize acts that are in their objective factors materially identical, essentially: input, delete, damage or alteration of computer data. What really distinguish these cybercrimes are the protected legal interests, and therefore the damage potentially affected by them. Thus, integration of an identical behavior on one of these types of cybercrimes requires the evaluation of the technical effect produced. Since the difference in some cases may prove to be only in the intensity/extent of damage, the distinction is not always easy. On the other hand, this similarity makes it possible for one behavior to integrate the requirements of more than one cybercrime, which brings us to the question of potential competition or cumulating between them. Our communication will focus on the differentiation and possible cumulating of these cybercrimes under this Convention.

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