Criminal cases
Computer-related crime bill III
On 27, Dec 2015 | In Criminal Cases | By - F.P. Slewe
On 22 December 2015, the Computer Crime III Bill was submitted to the House of Representatives. This bill aims to strengthen the legal instruments for the investigation and prosecution of computer crime.
In summary, the bill contains the following proposals:
- 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 copying of data and the acquisition, possession or disclosure of data obtained by crime ("stealing" 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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