THE SUBJECT OF CRIMES WITH THE USING OF THE CYBERSPACE ENVIRONMENT
Journal Title: «Приватне та публічне право» - Year 2018, Vol 3, Issue
Abstract
The article defines the essence and content of the subject of crimes committed using cyberspace environment. The author comes to the conclusion that when committing such crimes, the information product / resource acts as the first subject of crimes, and property, computers, computer networks, telecommunication networks and documents – next subject of crimes. In the basis of construction of such system there is the functional setting of each of the subject of crimes in the mechanism of criminal activity with using cyberspace environment. It is explained through appropriate primariness of function in relation to the system. In the context of complex nature of the crimes accomplished with the using cyberspace environment, an informative resource which is used as an instrument of commission of crime does not lose its meaning of subject of crimes. In this case an electronic informative resource is understood as the aggregate of informative products, organized by certain informative technologists. Offered approach to understanding of the subject of crimes at the commission of crime with the using cyberspace environment will allow an investigator at a high level to investigate the crimes. In particular, at investigation of crimes on the face of it unrelated between itself it is possible to set single criminal activity of one person or organized group of persons. As a result of analysis of essence of informative product/resource we select two not eliminating each other of factor, which are incident to subject of crimes committed using cyberspace environment, in particular: 1) value of product, which relies on the character of the information fixed in him; 2) possibility to use an informative resource as instrument for the sake of achievement of ultimate goal of criminal activity. In the text of the paper, the author's attention is drawn to the nature of information and information processes in cyberspace. These deviations are necessary for understanding the links between the subject of crimes and the motive of criminal activity.
Authors and Affiliations
О. А. Самойленко
Keywords
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- EP ID EP592518
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