Computer fraud is one of the offences against property defined by the legislator. It is committed with the purpose of financial gain or with the intent of causing damage to another person. It may also be classified as cybercrime if information systems and networks are used, including where an information and communication (ICT) system is applied in connection with committing the offence. Computer fraud is also described in this paper from a statistical perspective based on data from annual reports concerning cybersecurity incidents recorded by CERT Poland.
The article discusses the matter of contemporary cyberattack techniques aimed at the financial security of banks and their clients and presents the relationship of banks with their clients in the light of the applicable provisions of the European Union (Directive of the European Parliament and the EU Council 2015/2366 of November 25, 2015 on payment services in internal market) and the Polish Act of 19 August 2011 on payment services. The authors also analyze the practical side of the relationship between banks and their customers who have fallen victim to computer fraud, pointing out that the common practice of banks refusing to return funds stolen from their customers in the electronic banking system is inconsistent with the applicable standards of Polish and European law.
Technological development implies a lot of new ways to commit crimes in cyberspace. Stealing virtual objects (such as magical swords or shoes) is one of them. It is unique because virtual theft combines one of the oldest types of criminal activity with the achievements of modern technology. This article deals with those situations when the actions taken by players stop being protected by the ‘magic circle’ and become criminal. It will also explore how the Polish Penal Law deals with these matters. It shall also discuss a comparable U.S. based case, involving fraud committed by the player called Cally in "Eve Online", three cases from Poland and finally, It will deal with stipulated solutions.
The United States Secret Service is an American federal law enforcement agency that is part of the U.S. Department of Homeland Security. Until March 1, 2003, the Secret Service was part of the U.S. Department of the Treasury. The Secret Service has two distinct areas of responsibility: (1) Financial Crimes, covering missions such as prevention and investigation of counterfeiting of U.S. currency and U.S. treasury securities, and investigation of major fraud; (2) Protection, which entails ensuring the safety of current and former national leaders and their families, such as the President, former presidents, vice presidents, presidential candidates, visiting heads of state and foreign embassies. Protecting national leaders, visiting heads of state and government, designated sites and National Special Security Events has become more complex with the evolution of conventional and non-conventional weapons and technology. In meeting new challenges, the Secret Service will continue to provide progressive training, devise and implement sound security plans, measures, equipment and systems to ensure the safety of individuals, sites and events under Secret Service protection. The Secret Service’s unique investigative and protective mission is sustained by a strong, multi-tiered infrastructure of science, technology and information systems; administrative, professional and technical expertise; and management systems and processes.
Celem opracowania jest analiza polskiego prawa karnego dotyczącego cyberprzestępczości, a w szczególności analiza ich zgodności z regulacjami przyjętymi przez Radę Europy i Unię Europejską. Proces wdrażania norm ustanowionych na forum europejskim został w Polsce zainicjowany jeszcze przed wstąpieniem do UE i trwa już od ponad dekady. Polskie prawo karne nie jest jednak jeszcze w pełni zgodne z międzynarodowymi wymogami dotyczącymi cyberprzestępczości. Niniejszy artykuł jest próbą identyfikacji pewnych obszarów prawa karnego, które powinny zostać zmienione, a także przedstawienia rozwiązań de lege ferenda.
EN
The aim of this paper is to address the issue of implementation of international legal instruments regarding cybercrime into the Polish criminal law. Effective protection against cybercrime requires, among other things, the establishment of an appropriate legal framework. Criminal prohibitions of a deterrent effect, which are a part of this framework, seem of particular importance. In Europe such a set of rules is provided for in the instruments of the Council of Europe as well as in the European Union instruments. As a member of both these international organisations, Poland is obliged to implement their standards. The author’s aim is to analyse whether and, if so, to what extent the current Polish criminal legislation is in line with European requirements. The process of implementation of these norms has expanded in the span of over 10 years and was initiated even before Poland accessed the European Union. Polish criminal law, however, is not yet fully compliant with international requirements on cybercrime. This paper is an attempt to identify some areas of the criminal law which are still to be amended as well as to submit some solutions de lege ferenda.
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