Criminal Aspects of the Computer System's Protection, Situation Analisis of and de Lege Ferenda Proposal's

Abstract

Inspiration for the paper and addressed issue: Bosnia and Herzegovina have to create a clear and unambiguous criminal law framework with criminal sanctions harmonized to conventions to which Bosnia and Herzegovina access. The text of the offenses protecting computer systems in Bosnia and Herzegovina is not in line with the European Council Cybercrime Convention (here after as: Convention).

Goal of the professional paper research: The goal of the professional work is to highlight the need to harmonize the criminal legislation of Bosnia and Herzegovina with the Convention.

Methodology: The following methods were used for the research: analysis, comparative and empirical methods

Research limitations: The poor translation of the Convention into Bosnian appeared as a problem.

Results/Findings: The results achieved through the analysis of the legal provisions regulating the protection of computer systems against crimes show that there is a need to amend the criminal legislation in Bosnia and Herzegovina and fully harmonize it with the Convention.

General conclusion: Persons working on amendments to the criminal legislation in Bosnia and Herzegovina are not sufficiently committed to the process of aligning our criminal legislation with the conventions we adopt, which often leads to the need to supplement our criminal legislation.

Research justification: The lack of harmonization of our criminal legislation with the Convention and unclear provisions of the respective Criminal Codes in Bosnia and Herzegovina relating to cybercrime make this research justifiable.