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MIHAI DUNEA, Some Legal Criminal Challenges as Follows the Evolution of Information Technology

Abstract: As a result of the general evolution of technology, the accelerated evolution (in the last period of time) of the informatics technology, including that of the Internet (of human relations and interactions in the virtual environment, of social, economic, political type etc.) also raises the problem of the evolution of the legal norms, of adapting the law, so that to regulate and protect persons in this relatively new, but increasingly present framework for manifesting (in a modern key) of legal relationships. This objective finding is also required from the perspective of the necessity of adapting the legal criminal normative framework to the new realities, the concept of cybercrime or its derivatives (which refer to the same essential reality), becoming more and more present in the practice of applying the law, sense in which a theoretical observation of the phenomenon is also required. Practically involving, alongside countless benefits, a broadening of the general sphere of crime, the evolution of technology, including that of the online environment, also implies an increase in the vulnerability of certain categories of people (some more prone to victimization in the on‑line environment than others), as well as an increase in the general vulnerability of the social environment, in what regards this new dimension of crime (with far fewer boundaries than the "classic" one). Therefore, it naturally results that it leads / must lead also to a symmetrical extension of the regulatory sphere, the legislator either adopting new legal norms / institutions, or adapting some of the existing ones to the new realities. This tendency is visible both in relation to general criminal law regulations and special criminal law rules. The purpose of this article is to to surprise / highlight some of the current general criminal provisions (from the Romanian legislation) that were generated by the explosive evolution of contemporary technology in the informatics field (some of which, by their very novelty in the field of law, including under terminological aspects, raising or being able to raise sensitive problems of interpretation and application).

Keywords: the evolution of the law; the evolution of informatics technology; new or adapted general criminal rules; specific criminal regulations in the IT / internet field.


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