IPA UNED - Tema 2: Inglés Jurídico - Cybercrime

This Directive establishes minimum rules concerning the definition of penal offences criminal offenses criminal offences( penal offences, criminal offenses, criminal offences ) and punishments sanctions sentences( punishments, sanctions, sentences ) in the area of attacks against information systems. It also aims to facilitate the prevention of such offences and to improve cooperation between judicial judiciary juridical( judicial, judiciary, juridical ) and other competent authorities.

Article 3
Illegal access to information systems
Member States shall take the necessary measures to ensure that, when committed intentionally, the access without right, to the whole or to any part of an information system, is actionable punishable condemnable( actionable, punishable, condemnable ) as a criminal offence where committed by infringing a security measure, at least for cases which are not lesser petty minor( lesser, petty, minor ).

Article 4
Illegal system interference
Member States shall take the necessary measures to ensure that seriously hindering bothering interfering( hindering, bothering, interfering ) or interrupting the functioning of an information system by inserting inputting implanting( inserting, inputting, implanting ) computer data, by transmitting, damaging, wiping out rubbing out deleting( wiping out, rubbing out, deleting ), deteriorating, transforming altering amending( transforming, altering, amending ) or suppressing such data, or by rendering such data inaccessible unattainable unreachable( inaccessible, unattainable, unreachable ), intentionally and without right, is punishable as a criminal offence, at least for cases which are not minor.

Article 6
Illegal interception
Member States shall take the necessary measures to ensure that intercepting, by technical means, non-public transmissions of computer data to, from or at in within( at, in, within ) an information system, including electromagnetic emanations emissions issues( emanations, emissions, issues ) from an information system carrying such computer data, intentionally and without right, is punishable as a criminal offence, at least for cases which are not minor.

Article 7
Tools used for committing offences
Member States shall take the necessary measures to ensure that the intentional production, sale, procurement approppriation gain( procurement, approppriation, gain ) for use, import, distribution or contrariwise likewise otherwise( contrariwise, likewise, otherwise ) making available, of one of the following tools, without right and with the intention that it is should be be( is, should be, be ) used to commit any of the offences referred to in Articles 3 to 6, is punishable as a criminal offence, at least for cases which are not minor:
(a) a computer programme, designed or adapted primarily for the purposes of committing any of the offences referred to in Articles 3 to 6;
(b) a computer password, access accession acceding( access, accession, acceding ) code, or similar data (…).

Article 9
Penalties
2. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 to 8 are punishable by effective, proportionate equal proportional( proportionate, equal, proportional ) and dissuasive criminal penalties.

4. Member States shall take the necessary measures to insure ensure guarantee( insure, ensure, guarantee ) that offences referred to in Articles 4 and 5 are punishable by a maximum term of imprisonment period of imprisonment time of imprisonment( term of imprisonment, period of imprisonment, time of imprisonment ) of at least five years where:
(a)
they are committed within the framework of a criminal organisation, as defined in Framework Decision 2008/841/JHA, irrespective of the penalty provided for therein;
(b)
they cause grave severe serious( grave, severe, serious ) damage; or;
(c)
they are committed against a critical infrastructure information system.

5. Member States shall take the necessary measures to ensure that when the offences referred to in Articles 4 and 5 are committed by misusing misapplying maltreating( misusing, misapplying, maltreating ) the personal data of another person, with the aim of gaining the trust of a third party, thereby causing bias perjudice prejudice( bias, perjudice, prejudice ) to the rightful identity owner, this may, in accordance with national law, be regarded as worsening aggravating exacerbating( worsening, aggravating, exacerbating ) circumstances, unless those circumstances are already covered by another offence, punishable under national law.

Article 10
responsibility liability accountability( responsibility, liability, accountability ) of legal persons
(…)
2. Member States shall take the necessary measures to ensure that legal persons people individuals( persons, people, individuals ) can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has allowed the commission, by a person under its authority, of any of the offences referred to in Articles 3 to 8 for the benefit of that legal person.
3. The liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against plain physical natural( plain, physical, natural ) persons who are perpetrators or inciters incitors insitors( inciters, incitors, insitors ) of, or accessories accomplices ancillaries( accessories, accomplices, ancillaries ) to, any of the offences referred to in Articles 3 to 8.

Article 11
Sanctions against legal persons
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 10(1) is punishable by effective, proportionate and dissuasory dissuasive dissuatorial( dissuasory, dissuasive, dissuatorial ) sanctions, which shall include criminal or non-criminal fines and which may include other sanctions, such as:
(a) exclusion from entitlement accreditation allowance( entitlement, accreditation, allowance ) to public reliefs profits benefits( reliefs, profits, benefits ) or aid;
(b) temporary or permanent disqualification inqualification unqualification( disqualification, inqualification, unqualification ) from the practice of commercial activities;
(c) placing under judicial supervision;
(d) judicial winding-up up-winding wind-up( winding-up, up-winding, wind-up );
(e) temporary or permanent shutting closure cessation( shutting, closure, cessation ) of establishments which have been used for committing the offence.

Article 12
Jurisdiction
(…)
2. When determining setting up establishing( determining, setting up, establishing ) jurisdiction in accordance with point (a) of paragraph 1, a Member State shall ensure that it has jurisdiction where:
(a)
the offender commits the offence when physically present on its territory, whether or not the offence is against an information system at on in( at, on, in ) its territory; or
(b)
the offence is against an information system on its territory, whether or not the offender commits the offence when physically present on its territory.
3. A Member State shall inform the Commission where it decides to establish jurisdiction over in for( over, in, for ) an offence referred to in Articles 3 to 8 committed outside its territory, including where:
(a)
the offender has his or her regular habitual usual( regular, habitual, usual ) residence in its territory; or
(b)
the offence is committed for the benefit of a legal person established in its territory.