• Title/Summary/Keyword: criminal code

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Criminal Justice Policy against Terrorism in China

  • Xuan, Song-He
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.12
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    • pp.213-218
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    • 2016
  • China is defending the terrorist crime through the Anti-Terror Law and anti-terrorism criminal legislation. China's Anti-Terror Law and the Criminal Code Amendment (9), which were promulgated in 2015, provide legal grounds for preventing and hurting ever-growing terrorist crimes. In particular, China's amendment to the Criminal Code (9) is designed to rigorously enforce the legal framework for terrorist crimes, protect prejudicial rights that might be violated by serious terrorist crimes, and protect the penalties for terrorist crimes. However, China's anti-terrorism legislation still has drawbacks such as lack of systematicity, limited regulatory boundaries, and lack of rigorous penalties for the establishment of anti-terrorism legislation. To counter this, China's anti-terrorism legislation must strictly regulate the legal system of terrorist crimes, secure penalties, and prescribe anti-terrorism laws as professional chapters.

Criminal and Legal Countermeasures against Cybercrime in the Conditions of Martial Law

  • Nataliia, Veselovska;Serhii, Krushynskyi;Oleh, Kravchuk;Olеksandr, Punda;Ivan, Piskun
    • International Journal of Computer Science & Network Security
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    • v.22 no.12
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    • pp.85-90
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    • 2022
  • The article is devoted to the consideration of the features of the application of criminal and legal countermeasures against cybercrime in the conditions of martial law. While conducting this research, we found an opportunity to formulate the author's recommendations for solving the most complex law enforcement problems, as well as to propose changes to the Criminal Code of Ukraine aimed at eliminating the flaws of the analyzed Law, the adoption of which will contribute to the achievement of higher efficiency of the relevant criminal law prescriptions. It is argued that the removal of the previously existing in the footnote of Art. 361 of the Criminal Code of a fundamentally important caveat regarding the fact that when assessing "significant damage", the mentioned property equivalent was to be taken into account only when such damage consisted in causing material damage, which led to a significant and unjustified narrowing of the scope of potential application of Part 4 of Article 361 of the Criminal Code.

Criminal And Legal Protection Of Information Relations

  • Manzhai, Oleksandr;Kuryliuk, Yurii;Miroshnykov, Ivan;Syiploki, Mykola;Vazhynskyi, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.284-288
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    • 2022
  • The article analyzes the regulations of current criminal law, which ensures the protection and protection of information relations, offers the optimal model of the system of norms of the Criminal Code of Ukraine, which establishes liability for violation of information. The subject of the article is protected information, which should include information or data, the procedure for access to and distribution of which, regardless of the method of submission, storage or organization, are subject to legal regulation in accordance with laws and regulations. For the purposes of criminal law, information as an object of criminal law protection should be classified on the following grounds: depending on the content: personal or family secrets; information constituting a state secret; data included in the official secret; information that constitutes a professional secret; information that constitutes a commercial, tax, banking secret, and, depending on the medium - documented and undocumented.

Reinterpretation on Propertiness of Online Game Item (온라인게임 아이템의 재물성에 대한 재검토)

  • Yoo, In-Chang
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.4
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    • pp.153-160
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    • 2013
  • Online game provides a kind of cyber money aden and game instruments, items in order to attract game users. Game users want stronger, better and higher-leveled items with competition. Demands and supplies on items are formed and the transactions are made. The problem is there happen frequently illegal behaviors in the process of transactions. Among these illegal behaviors, for using other's id and password without authorization and stealing items, rejecting to return assigned items, providing stolen item to other who knows the fact or destroying others' items, it is difficult to apply provisions on properties in the criminal code on them. Because the criminal code has a duty to prevent separation between substantial criminal behavior and regulations, it should reflect substantial cultures and values of the times. Therefore, property like items in cyber space can be considered as new property to need to be protect under the criminal code and it may be not an interpretation of expansion. The reason is it is practical and reasonable to judge whether propertiness can be established considering cyber space's unique characteristics. It is time to review propertiness of Article No. 346 according to the request of times of the digital age.

A Study on History of Criminal Policy in Korea (한국(韓國)의 형사정책(刑事政策)에 관한 역사적(歷事的) 고찰(考察))

  • Kim, Hyeong-Cheong
    • Korean Security Journal
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    • no.6
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    • pp.1-46
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    • 2003
  • During the ancient times, there was no separative judicial system and administrative , legislative and judiciary functions were ultimately concentrated in the all-powerful monarch. And the three states developed state organization , adopting hieratical structures and placing at the pinnacle . State Codes were promulgated to initiate a legal system to rule the people, these codes instituted under influence of China codes. The people tradition sees crime control as the preservation of the authority of hereditary rulers. In the period of the Koryeo dynasty, government accepted a serious of detailed penal code from Tang dynasty . Legal response to crime stressed preservation of the dynasty rather than making citizen behave according to certain rules. In the period of Early Joseon , the compilation of Grand Code for state administration was initiated, the Kyeongkuk Taejeon ,became comer stone of the dynastic administration and provided the monarchial system with a sort of constitutional law in written form. This national code was in portant means of criminal policy at that time, Late Joseon , the impact of Western culture entering through China gave further impetus to pragmatic studies which called for socio-economic reforms and readjustment. Approach to criminal justice policy emphasized more equitable operation of the criminal justice system ,rehabilitation and crime control. Korea-Japanese Treaty concluded on 22 August ,1910 and proclaim a week later ,Japan gave the coup de grace to the Korea Empire and changed the office of the Resident - General into the Government - General . Thus korean criminal policy were lost during a dark ages ,which lasted for 36 years after fall of Joseon Dynasty (the colnial period,1910${\sim}$1945). After 1945 Korea's liberation from Japanese colonial rule, the occupation of devided Korea by the United States and Soviet Union frustrated the efforts of Koreans to establish an independent government, and the transplantation of two conflicting political ideologies to south and the north of the 38th parallel further intensified the national split. U.S. military government office occupied the south of the 38 the parallel and placed emphasis on democracy of criminal policy. ln 1948, the U.S. military government handed over to the ROK government its administrative authority.

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Current Problems of Criminal Law Protection of Information Relations in the Border Sphere

  • Kushnir, Iryna;Kuryliuk, Yurii;Nikiforenko, Volodymyr;Stepanova, Yuliia;Kushnir, Yaroslav
    • International Journal of Computer Science & Network Security
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    • v.21 no.11
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    • pp.171-176
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    • 2021
  • The article considers some issues of criminal law protection of information relations. With the emergence of new types of threats to Ukraine's national security in the field of protection and defense of the state border, the issues of development and strengthening of information protection become especially important. Proper compliance with information legislation also depends on the established responsibility for its violation, which rests on certain provisions of the Criminal Code of Ukraine. It is stated that these norms are placed in different sections and do not have a proper systematization. The article singles out the subjects of information relations in the border area, which are subject to criminal law protection: persons who are not bound by stable relations with the SBGS (who cross the state border of Ukraine, etc.); persons who are members of the SBGS (servicemen and employees); SBGS as a public authority (official and secret information, information about the activities of the agency, its officials, etc.).

A Study on the Feasibility of the Espionage Charges for the Industrial Technology Divulgence (산업기술의 해외유출행위에 대한 간첩죄 처벌 타당성 연구)

  • Kim, Hang-Gon;Lee, Chang-Moo
    • Korean Security Journal
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    • no.57
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    • pp.253-275
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    • 2018
  • Economic security emerged as a strong element of national security. Nations around the world are exerting their efforts to collect economic intelligence to serve their national interest while making added efforts to uncover industrial espionage and arrest industrial spies in defensive aspect. Cases in point are the enactment of "Economic Espionage Act(1996)" of the U.S. and the "Act on Prevention of Divulgence and Protection of Industrial Technology(2006)"of Korea. Korea is trying to punish industrial spying on the same level as espionage that poses national security threat by revising Criminal Code. It is necessary to review whether the move to toughen the punishment of industrial spying from "up to 15 years in prison and/or up to 1.5 billion won in fine" to "minimum seven years of imprisonment, life imprisonment or death penalty" is appropriate. Advanced nations regulate industrial spying with a special act on economy although they have applied espionage act not to "enemy states" but to "foreign countries" in the first place. Likewise, preventing industrial spying by applying espionage act through the revision of criminal code poses a risk of undermining the autonomy of industry sector by excessive influence of state power. Furthermore, the penalty of minimum imprisonment of seven years, life imprisonment or death penalty with the application of espionage act under the criminal code is an legal application by stretching of the law, posing a risk of dampening healthy economic activities. Therefore, revising and applying relevant economic laws such as aforementioned 'Act on Prevention of Divulgence and Protection of Industrial Technology(2006)' is thought to be desirable to achieve the goal of protecting industrial technologies.

The Next Generation Malware Information Collection Architecture for Cybercrime Investigation

  • Cho, Ho-Mook;Bae, Chang-Su;Jang, Jaehoon;Choi, Sang-Yong
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.11
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    • pp.123-129
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    • 2020
  • Recently, cybercrime has become increasingly difficult to track by applying new technologies such as virtualization technology and distribution tracking avoidance. etc. Therefore, there is a limit to the technology of tracking distributors based on malicious code information through static and dynamic analysis methods. In addition, in the field of cyber investigation, it is more important to track down malicious code distributors than to analyze malicious codes themselves. Accordingly, in this paper, we propose a next-generation malicious code information collection architecture to efficiently track down malicious code distributors by converging traditional analysis methods and recent information collection methods such as OSINT and Intelligence. The architecture we propose in this paper is based on the differences between the existing malicious code analysis system and the investigation point's analysis system, which relates the necessary elemental technologies from the perspective of cybercrime. Thus, the proposed architecture could be a key approach to tracking distributors in cyber criminal investigations.

Monetary Penalty System and Privacy (벌금형 제도의 현대적 가치와 개인정보문제)

  • Kim, Woon-Gon
    • Journal of the Korea Society of Computer and Information
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    • v.20 no.6
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    • pp.107-115
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    • 2015
  • A fine is defined to the criminal penalty which is slighter than imprisonment on a system of criminal penalty, but put practically a seat to imprisonment and similar strong discipline contrivance to commission agent in capitalism societies be doing. Also, did heavy commission, but the corporation time, a fine to consider the respect which cannot impose other criminal penalty, and cannot but impose fine penalty only to this corporation carries out art as important criminal penalty than the commission which a person does. But fine drawing of our country cannot carry out art scaring to criminal penalty to rich body as aggregate fine drawing, and a lot of, but do abatement duration of a fine so as same, and be most in spite of adjudication criminal sentence occupying at criminal case adjudication, and difference cannot do to an amount of a fine that is carrying well out the art. Therefore, and have to change to the daily fine systemdm which gained because of total fine system in order to carry out value as modern criminal penalty, and a few fines shall exchange to penalty payment system according to complement department canon of Penal Code, and social accusation protects individual information of low commission agent if so, can normally do art accomplishment of criminal penalty. The system that the maximum can guarantee right of defence of accused has to have to be introduced in procedural a few aspect to pronounce this and a fine. Specially, let explain necessary fact to be related to, and informal procedures understand, and introduction of drawing to be able to get from accord of accused is necessary for accused before charging to informal decree in order cannot be guaranteed right of defence this of accused while consisting in writing of whether accusation and adjudication are procedural at informal procedures, and to supplement respect.