Krytyka Prawa. Niezależne studia nad prawem

Criminal-law protection against cybercrime in Poland: Successful harmonisation or unachieved task?

Skórzewska-Amberg, Małgorzata

Kozminski University

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Abstract

The aim of this paper is to address the issue of implementation of international legal instruments regarding cybercrime into the Polish criminal law. Effective protection against cybercrime requires, among other things, the establishment of an appropriate legal framework. Criminal prohibitions of a deterrent effect, which are a part of this framework, seem of particular importance. In Europe such a set of rules is provided for in the instruments of the Council of Europe as well as in the European Union instruments. As a member of both these international organisations, Poland is obliged to implement their standards. The author’s aim is to analyse whether and, if so, to what extent the current Polish criminal legislation is in line with European requirements. The process of implementation of these norms has expanded in the span of over 10 years and was initiated even before Poland accessed the European Union. Polish criminal law, however, is not yet fully compliant with international requirements on cybercrime. This paper is an attempt to identify some areas of the criminal law which are still to be amended as well as to submit some solutions de lege ferenda.

Metadata

Journal Krytyka Prawa. Niezależne studia nad prawem 
Volume 8 
Issue 2 
Issue date 6/2016 
Type Article 
Language en
Pagination 126-156
DOI 10.7206/kp.2080-1084.113
ISSN 2080-1084
eISSN 2450-7938