The concept of access to computerized information according to art. 259 of the Criminal Code of the Republic of Moldova

Abstract

The concept of „access to computerized information” refers to one of the components of the objective side of the offenses provided in art. 259 of the Criminal Code of the Republic of Moldova. The main result of the present study is the definition of this concept that generates controversies in the theory and practice of criminal law. Another notable result consists in supporting with arguments the solution to qualify the acts of: 1) maintaining illegal access to computerized information after the withdrawal or expiration of the authorization; 2) illegal intrusion into the computer, the data storage device, the computer system or the computer network, in which or on which the computerized information is located, if, due to reasons independent of the perpetrator’s will, the illegal access to that information is not committed.