Digital crimes: problems of qualification and responsibility

the article examines current problems of qualification and responsibility for digital crimes in Russian legislation in the context of the widespread development of information technology. It is emphasized that the rapid development of technology creates significant difficulties for the qualification of such acts and bringing the perpetrators to justice, which is confirmed by international statistics on the growth of cybercrime. The legal regulation of digital crime at the international and national levels is considered, including international agreements within the UN and the CIS, as well as the norms of the criminal legislation of the Russian Federation, in particular Articles 159.6 and 272 of the Criminal Code of the Russian Federation. The problems of qualification of fraud in the field of computer information are analyzed in detail, including in phishing attacks, where there is uncertainty in the distinction between the elements of general fraud and fraud in the field of computer information. An example from judicial practice is given illustrating this problem. The article identifies the problems of qualification, such as the difficulty of establishing a causal relationship between the actions of the perpetrator and the consequences that have occurred, especially in the presence of multiple factors, as well as the difficulties that arise when qualifying crimes committed using new technologies that require constant updating of legislation. Special attention is paid to the problem of qualifying cross-border crimes and the need for international cooperation in this area. As additional measures, it is proposed to strengthen educational work, revise judicial practice with an emphasis on the actual harm from digital crimes and create a specialized national agency to combat digital crime.

digital crimes, qualification, liability, fraud in the field of computer information, cybercrime, information technology