Introduction

Matrix organization

Mergers by absorption

Risks related to the expansion of the scope of criminal liability of legal entities

Validity conditions

Proof of delegation

Exemption from individual liability of delegator

Attribution of offense to legal entity

Delegations of authority

Criminal risk management within business organizations

Complicity in crimes against humanity

Breaches of secrecy

Personal data breaches

Theft

Extortion

Blackmail

Fraud

Misappropriation

Receiving/concealment of unlawfully obtained property (recel)

Attacks on automated data processing systems

Money laundering

Misappropriation by public official (concussion)

Corruption and influence peddling

Unlawful acquisition of an interest

Favoritism

Forgery and use of forgeries

Violation of Criminal Code

Offenses under the Monetary and Financial Code

Offenses under the Commercial Code

Environmental Code violations

Offenses arising from other codes

Types of offenses

Offenses under the Criminal Code, the Commercial Code, or the Environmental Code, Criminal procedure

White Collar Crime (en cours)

Article 323-2 of the Criminal Code penalizes the act of interfering with or distorting the operation of an automated data processing system and punishes it with five years of imprisonment and a fine of EUR 150,000. When this offense is committed against an automated personal data processing system implemented by the State, the penalty is increased to seven years of imprisonment and a fine of EUR 3 …

Interference with the operation of the automated data processing system

Article 323-2 of the Criminal Code penalizes the act of interfering with or distorting the operation of an automated data processing system and punishes it with five years of imprisonment and a fine of EUR 150,000. When this offense is committed against an automated personal data processing system implemented by the State, the penalty is increased to seven years of imprisonment and a fine of EUR 300,000.

The classification of an automated data processing system does not depend on whether the data is transported in analog or digital mode. Therefore, it is irrelevant that it is analog as long as the computer used upstream and the facilities of the remote operator are IT tools and thus constitute automated data processing systems. The interference with the operation of such a system to the detriment of a telecommunications operator is established when the signaling originates from an over-dialing of the calling line instead of the international departure exchange of the operator as it should normally have been the case. The defendant substituted line signals that deprived the national operator of the portion of the fee owed by a foreign operator in exchange for the use of its network and made an international line unavailable, increasing the likelihood of congestion of the concerned traffic and consequently leading to a decrease in the quality of service provided to customers .

The fraudulent intent of the defendants is inferred from their perfect knowledge of the diagnosis and antivirus treatments when, during data compression operations on the original software diskette, they introduced a destructive virus that contaminated the programs of a large number of users . Similarly, a defendant is aware of interfering with the operation of an automated data processing system when he provided internet users with a simplified technical gateway allowing its users to access discussion sites and learn about the concrete modalities of operations of the “Anonymous” movement, while he could not ignore that providing the technical means and information, for which he had obtained the status of “semi-operator,” enabled the denial of service attacks practiced by this movement .

CA Versailles, 15 October 2001, LawLex202200009775JBJ.

Cass. crim., 12 December 1996, LawLex202200009857JBJ.

Cass. crim., 7 November 2017, LawLex202200009854JBJ.

White Collar Crime (en cours)

97. Interference with the operation of the automated data processing system

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

97. Interference with the operation of the automated data processing system

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise