The Object and Its Significance in Crimes of Looting Other’s Property by Using Computer Tools

Abstract

It should be noted that some types of plundering can damage not only property, but also other social relations protected by criminal law, that is, such crimes affect several social relations at once. In criminal law, crimes of this type are called crimes of a complex nature if the damage is caused to more than one object as a result of the commission of a socially dangerous act.

The crime of looting other people's property by means of computers is also a crime of a complex nature, ie not only property relations, but also social relations in the field of information technology, and in some cases social relations in the field of public administration. will also be damaged.

As a rule, in complex crimes, the object is qualified depending on the main direct object, if the objects affected are two or more social relations protected by criminal law.

In robberies of other people's property using computer tools in most cases, the object of the crime is not in the direct possession of the victim, ie non-cash money is usually kept in a special institution (bank) or device (plastic card) where the money is stored and authorized to carry out certain operations.

Generally, the property of another is defined as property that is not in the possession or legal possession of the offender. However, such an interpretation does not apply to the crime of misappropriation or robbery of another's property by means of computers, as the subject of the crime uses special powers in relation to the subject of the robbery, ie abuses the trust of the owner and the perpetrator robs him.

The fact that special powers in relation to property are the main special feature of the crime of embezzlement or plundering is determined by the disposition of the property in the disposition of the criminal law.

However, non-cash money in a specific account entrusted or pledged to the defendant or at the disposal of the defendant shall not constitute the subject of misappropriation or misappropriation by computer means.

In this case, the actions of the offender are qualified by the relevant articles of the Special Part of the Criminal Code, which provide for liability for crimes against justice, and are not qualified as a set of crimes under the articles of liability for robbery.