LexInter | June 2, 2008 | 0 Comments

COMPUTER SYSTEMS BREACH

INTRUSION AND BREACH OF COMPUTER SYSTEMS


Attacks on a computer system are sanctioned as an attack on property.

Intrusion or maintenance in a computer system

The Article 323-1 of the Criminal Code punishes ” the act of access or remain fraudulently in all or part of an automated data processing system “

The intrusion or maintenance in a computer system is punished by two years of imprisonment and a 30,000 euros fine. When this results in either the deletion or modification of data contained in the system, or an alteration in the functioning of this system, the penalty is three years’ imprisonment and a fine of 45,000 euros. ( article 323-1)

Interference with the operation of the computer system

Obstructing or distorting the operation of an automated data processing system is punishable by five years’ imprisonment and a fine of 75,000 euros. (Article 323-2)

Fraudulent entry of data

The fact of fraudulently introducing data into an automated processing system or fraudulently deleting or modifying the data it contains is punishable by five years’ imprisonment and a fine of 75,000 euros. Article 323-3

Group offenses

 Participation in a group formed or in an agreement established for the preparation, characterized by one or more material facts, of one or more of the offenses provided for in articles 323-1 to 323-3 is punishable by the penalties provided for the offense itself or for the most severely punished offense.  ( article 323-4)

Additional penalties for natural persons


Individuals guilty of the offenses provided for in this chapter also incur the following additional penalties:
1 ° Prohibition, for a period of five years at most, of civic, civil and family rights, in accordance with the terms of article 131- 26;
2 ° Prohibition, for a period of five years at most, from exercising a public function or from exercising professional or social activity in the exercise of which or on the occasion of which the offense was committed ;
3 ° The confiscation of the thing which was used or was intended to commit the offense or of the thing which is the product of it, with the exception of the objects susceptible of restitution;
4 ° The closure, for a period of five years at most, of the establishments or of one or more of the establishments of the company which were used to commit the incriminated acts;
5 ° Exclusion, for a period of five years at most, from public contracts;
6 ° Prohibition, for a period of five years at most, from issuing checks other than those which allow the withdrawal of funds by the drawer from the drawee or those which are certified;
7 ° The display or dissemination of the decision pronounced under the conditions provided for by article 131-35.  ( article 323-5 )

Liability of legal persons

Legal persons may be declared criminally responsible, under the conditions provided for in article 121-2, for the offenses defined in this chapter.
The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38;
2 ° The penalties mentioned in article 131-39.
The prohibition mentioned in 2 ° of article 131-39 relates to the activity in the exercise of which or on the occasion of the exercise of which the offense was committed.( article 323-6 )

Attempt

The attempt to commit these offenses is punished with the same penalties  ( article 323-7 )

AUTOMATED TREATMENT SYSTEMS Constitute a system

 a hard disk (Douai Court of Appeal, Oct. 7, 1992)

 a radiotelephone (Paris Court of Appeal, Nov. 18, 1992)

the bank card network (Trib. cor. Paris, 25 Feb. 2000)

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