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CNAA / Theses / 2017 / May /

Computer-related fraud: legal and criminal analysis and investigation of the criminal offence


Author: Drăgan Alin Teodorus
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2018
Scientific adviser: Valeriu Cuşnir
doctor habilitat, professor,
Institution:

Status

The thesis was presented on the 12 May, 2017
Approved by NCAA on the 11 May, 2018

Abstract

Adobe PDF document – 0.68 Mb / in romanian

Thesis

CZU 343 6 (043.2)

Adobe PDF document 1.92 Mb / in romanian
179 pages

Keywords

computer-related crime, internet, computer system, computer data, computer-related fraud, search of computers, investigation of computer-related offences

Summary

Dissertation structure: introduction, four chapters, general conclusions and recommendations, bibliography of 221 titles, 177 pages as basic text, annotation and list of abbreviations. The results obtained are published in six scientific works.

Field of study. This dissertation targets the scientific research of the computer-related fraud in the broader context of crime in the cyberspace, not overlooking the fact that computer-related offences represent the meeting point between criminal law and computer science.

Purpose and objectives of the work: the purpose of the dissertation consists in the complex study of computer-related fraud, as an integral part of computer-related crime.

Objectives: knowledge of the forms which the computer-related crime may take, and also of the operational modality and techniques of cyber criminals for the purpose of preventing similar criminal offences; the study of the evolution of the regulatory act in which the offence of computer-related fraud is criminalized; the comparative analysis of criminal legislation of Romania and of the Republic of Moldova in matters of criminalization of the offence of computer-related fraud; detailed presentation of the aspects of criminal procedure law and of forensic investigation specific to computer-related offences.

Scientific novelty and originality of the results acquired. This doctoral dissertation represents one of the first complex and well-systematised scientific researches of the offence of computer-related fraud from a legal and criminal point of view.

The scientific problem of major importance solved through this research consists in the scientific substantiation of the constitutive elements and signs of computer-related fraud from the standpoint of criminal law, judicial practice and investigation particularities, which leads to correct law enforcement and perfection of the sanctioning legal framework, which will allow the enhancement of the system that prevents and combats crimes in the field of computer-related technologies.

Theoretical significance of the work. Theoretical value of the study is focused on an effort to describe, inventory, analyze, interpret and systematize the epistemological, normative and praxiological information in the field of computer-related fraud, as well as of the cybercrime as a whole. The theoretical valences of the work are shaped as well by the multidisciplinary character (informational and legal) of the study, as the phenomenon of computer related-fraud is committed in a virtual space.

The work’s application value lies in the fact that the detailed analysis of methods and techniques used by cyber criminals constitutes a veritable lesson for preventing the computer-related attacks in everyday life.

Implementation of the scientific results. The results of this study may be used in scientific studies referring to computer-related crime, in solving criminal cases related to the offence of computer-related fraud, and also for the documentation of future legislative initiatives in the field of computer-related offences.