Computer fraud

You configure the crime of fraud (art. 640 cp) where someone with artifice or deception, inducing someone into error, procures for himself or others an unjust profit and loss. The scam is punished with imprisonment from six months to three years and a fine from fifty to one thousand thirty Euros Euros.

The penalty shall be imprisonment from one to five years and a fine of three hundred and nine euro to euro millecinquecentoquarantanove:

if the fraud is committed against the State or another public body or on the pretext to exempt someone from military service;
if the fraud is committed in the victim engendering fear of an imaginary danger or the erroneous belief of having to carry out an order of the Authority.

The offense is punishable on complaint of the victim, unless one of the circumstances set out now or another aggravating circumstance.

Article 640-bis Č.p. also provides for the possibility of aggravated fraud to obtain public funding that is configured if the offense referred to in Article 640 of the Criminal Code regards grants, loans, subsidized loans or other funds of the same type, however named, granted or issued by the State, other public bodies or the European Communities. In this case the penalty shall be imprisonment from one to six years and prosecuted.

A further special case of fraud (computer fraud) is provided for in Article. 640-ter: anyone, altering in any way the operation of a computer system or computer system or intervening in any manner without the right of data, information or programs contained in a computer or telecommunications or relevant thereto, procures for himself or others an unjust profit and loss, shall be punished with imprisonment from six months to three years and a fine from fifty to one thousand thirty Euros Euros.

The penalty shall be imprisonment from one to five years and a fine of three hundred and nine euro to euro millecinquecentoquarantanove if the offense is committed against the State or another public body or on the pretext to exempt someone from military service, or if the act is committed with abuse of the system operator.

The offense is punishable on complaint of the victim, unless out any recourse aggravating circumstance.

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