Punishability of Crimes in the Field of Information Technology

Abstract

The article is devoted to the problem of fair, adequate legal restrictions for persons who have committed criminally prohibited acts using information technology. The author examines the criminological picture of the place and volume of such crimes in the structure of crime, the dynamics and the most pronounced cases of their commission, which are recognized as computer and computerized crimes in the classification of E.A. Russkevich. Based on the generalization of an array of judicial practice, the author shows that the latter group of crimes actually comes down to theft, fraud and drug trafficking, to which the state responds with non-targeted legal restrictions, including conditional imprisonment, restriction of freedom and a fine. Pointing to the development of a fine-tuning of the criminal-legal response, the author shows possible ways to ensure the connection between the nature of an information crime and a proportionate punishment for its commission. The results of the work can be used to further rethink criminal penalties for persons who have committed crimes in the field of information technology.