NETEISĖTO DISPONAVIMO ĮRENGINIAIS, PROGRAMINE ĮRANGA, SLAPTAŽODŽIAIS, PRISIJUNGIMO KODAIS IR KITOKIAIS DUOMENIMIS (BAUDŽIAMOJO KODEKSO 198² STRAIPSNIS) KVALIFIKAVIMO PROBLEMOS

Abstract

The article reveals some problematic aspects of unlawful disposition of devices, software, passwords, codes, and other data, as well as the criminalization problem of such offense. The article also devotes considerable attention to the case law that develop in this criminal case category and, moreover, provides the interpretations of it. The offense, enshrined in Article 198² of the Criminal Code of the Republic of Lithuania (CC), was analyzed in broader sense: following the principle of equivalence the analogy of such offense in physical space was searched, as well as the justification of its criminalization. The article also focuses on the definition problems of the subject matter of the above-mentioned criminal offense. The solution of such problems is relevant in explaining the application scope of the Article 198² of CC. Equally complex is the criminalization issue of the disposal of dual-use tools (devices or software). In response to this, the article formulates criteria that would justify the application of criminal liability when such means are involved.