The equivalent of art. 7 of Directive 2013/40/EU in Romanian criminal law. Obstacles in the transposition of the obstacle offence
Keywords:
information systems, software programs, transposition, ultima ratio, art. 365 of the Criminal Code, Directive 2013/40/EU, art. 314 of the Criminal Code
Abstract
The present paper aims to analyse whether art. 365 of the Criminal Code represents a correct or flawed transposition of art. 7 of Directive 2013/40/EU. Taking into consideration the evolution of cybercrime from the perspective of using new forms of “software programs”, this analysis will address some questions raised during the study of the transposition choices made by the Romanian legislator.
