Computer crimes in CIS countries
Date: September 30, 2004Source: Computer Crime Research Center
By:
What is the difference of investigating cases violating 272 and 273 from usual cases (theft, violence, etc.)? Should the advocate possess necessary skills or any lawyer can process such case?
In a word, evidence related to computer crimes and seized from the crime scene can be easily modified, in a result of mistakes during seizure and investigation. Representing of such evidence in court procedure requires specific knowledge and corresponding training. As I’ve said, dark side of computer crime (latency) is a sign that manifests a real situation in the country where definite part of criminality is not registered. Real criminality always exceeds the registered one in all countries. Therein, expertise shows that information based on statistical representation is somehow anomalous and is not always contrary to fact. Beyond the limits of accounting remains the latent (concealed) part of crimes, it is a so-called “dark number” of crimes. The presence of latent crimes can incur serious forth-coming negative consequences. Definitely, both defense and prosecution should have specific knowledge. Unwillingness of victim-organizations to notify police of criminal encroachments with their computer systems is the main cause of latency.
How judges are trained to consider cases involving computer crimes? What is the impact of judge’s technical incompetence on invoking a sentence?
Taking into account yet narrow judicial practice of cases on computer crimes, I can only guess the level of skills of the majority of judges. They are good lawyers are relatively weak in information technologies, computer systems or computer information.
Add comment
Email to a Friend
