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Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Bucharest University Annals - Law Series is the property of CH Beck Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the present article the author tries to clarify some controversial issues regarding the offence of computer fraud. Firstly, the nature of the offence is put into question in order to identify all the social values protected by the criminal provision. The author tries to argue that computer fraud also protects the integrity of computer systems and the integrity and availability of computer data with the purpose of clarifying the relationship between computer fraud (Article 249 of the Romanian Criminal Code) and the offence of altering computer data (Article 362 of the Romanian Criminal Code). Likewise, the author emphasizes some examples found in legal literature or jurisprudence and then argues that the criminal provision regarding computer fraud is not applicable in cases such as fraud by means of electronic communications without manipulating a computer system, phishing or pharming, ransomware etc. Nonetheless, the author tries to clarify the relationship between computer fraud and other offences provided in the Criminal Code such as traditional fraud, theft of service, altering computer data, unauthorized access to a computer system etc. [ABSTRACT FROM AUTHOR]

After the author has analyzed in a previous study the need to take into account the legitimate defence in the field of cybercrime and has emphasized the aspects of the conditions of the attack, in this material there are analyzed the legitimate retaliation and the state of necessity. In this context, the author has tried to emphasize the problems that may arise in relation to the conditions relating to defence (legitimate retaliation), also seeking to provide a theoretical framework capable of providing applicability to the institution of self-defence. An important aspect analyzed in this paper has been the putative self-defence, which could be a key aspect in the discussion on the legitimate retaliation. Equally, it has been examined inclusively the institution of the state of necessity, also drawing conclusions on the relationship between this institution and the institution of self-defence. [ABSTRACT FROM AUTHOR]

In a previous article published in this journal the author has analysed different practical aspects regarding the procedure of obtaining digital evidence and technical methods of finding digital artefacts. Firstly, in this article the author takes into consideration different aspects like the analysis of a fax machine's volatile memory, the search and seizure of an electronic payment instrument (payment cards), the controversial subject of„ trojan horse defense”, the importance of the digital artefacts found in Windows registry (e.g. regarding Internet activity) or the importance of establishing a connection between various computer data and the device that has produced them. Secondly, the author emphasizes a series of critiques regarding some procedural norms that have the potential to be detrimental to the rights of an individual whose computer or other electronic devices are the subject of the search and seizure. Likewise, an analysis regarding the applicability of different criminal offences is made. In this context, the author tries to elaborate a framework in which offences like unauthorized access to a computer system (article 360 Criminal Code) or unauthorized transfer of computer data (article 364 Criminal Code) could be applied. [ABSTRACT FROM AUTHOR]

Considering the importance that information technology has acquired in recent years and how it has come to influence the criminal policy at the international level, the author of this study founds it necessary to analyse the subject matter of the offence taking into account this new technological context. Thus, it has been attempted to highlight the need for a reconceptualization of the offence's subject matter, emphasizing the idea according to which intangible elements may be part of its structure. In support of this thesis, there was reviewed the problem of theft of virtual goods and of certain cybercrimes that reveal the existence of an intangible subject matter which is likely to be interposed between the agent's behaviour and the social value protected by the rule of incrimination. Last but not least, the author has pointed out a possible consequence of the reconceptualization of the subject matter of the offence, referring thus to the applicability of the supporting cause of self-defence. [ABSTRACT FROM AUTHOR]

Assuming the many relationships between cybercrimes stipulated by Law no. 161/2003 and Law no. 365/2002, as well as between those and criminalization under the Criminal Code in force, the author seeks an analysis which could highlight the concerns that may arise in this context. Also, given the applicability title various criminal provisions acquire in a particular concurrence of skills, the author found it necessary to identify the specific indictment's wording to be applied first, based on an analytical process. These findings were also analyzed with regard to the provisions of the new Criminal Code, verifying whether the new regulations preserve or not the concerns identified within current legislation. Last but not least, reasoning used in the literature in the matter was considered as well as the judicial practice solutions to see how they have resulted in the appropriate identification of the indictment's wording applicable [ABSTRACT FROM AUTHOR]

Concerning the issue on sport violence, the author analyzes the criminal liability of sport participants, of coaches, of referees, and as well, the liability of the sport clubs. Thereby, beginning with the sport games classified as contact sports, non-contact sports or collision sports, the author re-examines the criminal liability of sport participants, by emphasizing the flaws regarding the most important arguments related to criminal liability excuses identified and discussed by the relevant legal literature. The analysis of the authorized risk, besides the criminal liability of sport participants, represents also one the key aspects referred to within this paper. Subsequently, there will be considered the liability of the coach regarding concepts as abetment and complicity (both moral and material complicity), as well as the liability of the referee as a guarantor towards other participants. At last, but not least, the author argues that the sport club may be liable for the violence exerted both by sport participants and coaches. This analysis starts by taking into account the utility of such a liability, following by the review over sport club's culpability and material acts committed by its agents, capable of engaging the upper mentioned liability. The controversial aspects regarding these issues will be identified and examined as well. [ABSTRACT FROM AUTHOR]