LexInter | January 31, 2002 | 0 Comments

IT BREACHES

CHAPTER III: Attacks on automated data processing systems

(GODFRAIN LAW)

Law n ° 88-19 of January 5, 1988. relating to computer fraud. )

Article 323-1
The fact of accessing or remaining, fraudulently, in all or part of an automated data processing system is punished by two years’ imprisonment and a fine of 30,000 euros.

 

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.

 

 

FULL TEXT JURISPRUDENCE

AUTOMATED TREATMENT SYSTEMS

Make up 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),

Article 323-2
 

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 323-3
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 323-4
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 323-5
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      nwith 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 323-6
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 323-7
 The attempt of the offenses provided for by articles 323-1 to 323-3 is punishable by the same         penalties

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