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Criminal cases

10

Mar
2019

In Criminal Cases

By - F.P. Slewe

Computer Crime Act III

On 10 March 2019 | In Criminal Cases | By - F.P. Slewe

The Computer Crime Act III entered into force on 1 March 2019. This law aims to strengthen the legal instruments for the investigation and prosecution of computer crime.

In summary, the law contains the following changes:

  • A new power is created for the designated investigating officers, under certain conditions, to surreptitiously penetrate an automated work, used by a suspect, at a distance in order to carry out certain investigative acts (Articles 126nba, 126uba and 126zpa Sv (new)).
  • Adaptation of the rules governing the power of the public prosecutor to order, with the authorisation of the examining magistrate, that data on the Internet be made inaccessible (art. 54a of the Criminal Code in conjunction with art. 125p of the Criminal Code (new)).
  • The unlawful taking over of non-public data and the acquisition, possession or disclosure of non-public data obtained by crime ("receiving" of data) is punishable (Articles 138c and 139g of the Criminal Code (new)).
  • Widening the offence of seducing minors to fornication and grooming. Seducing so-called 'lokpubers' to fornication and grooming' is also made punishable (artt. 248a and 248e of the Criminal Code (new)). According to the legislator, a 'lokpuber' is a police officer pretending to be a minor or a child under the age of sixteen. However, according to the legislator, citizens' initiatives in this respect cannot be entirely excluded.
  • Online commercial fraud is punishable (art. 326d of the Criminal Code (new)). This gives the possibility to take criminal action against persons who make a profession or habit of offering goods or services on the Internet, without the intention of actually providing the goods or services.
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