Neteisėto disponavimo įrenginiais, programine įranga, slaptažodžiais, prisijungimo kodais ir kitokiais duomenimis (Baudžiamojo kodekso 1982 straipsnis) kvalifikavimo problemos
Abstract
The article reveals some problematic aspects of unlawful disposition of
devices, software, passwords, codes, and other data, as well as the criminalization problem
of such offense. The article also devotes considerable attention to the case law that
develop in this criminal case category and, moreover, provides the interpretations of it.
The offense, enshrined in Article 1982 of the Criminal Code of the Republic of Lithuania
(CC), was analyzed in broader sense: following the principle of equivalence the
analogy of such offense in physical space was searched, as well as the justification of its
criminalization. The article also focuses on the definition problems of the subject matter
of the above-mentioned criminal offense. The solution of such problems is relevant
in explaining the application scope of the Article 1982 of CC. Equally complex is the
criminalization issue of the disposal of dual-use tools (devices or software). In response
to this, the article formulates criteria that would justify the application of criminal liability
when such means are involved.
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