Computer Sabotage

Computer Sabotage in Europe

Computer Sabotage in Germany

Provisions relating to computer sabotage in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-seven, under the heading “Criminal Damage,” located in Section 303b Computer sabotage, which reads: (1) Whosoever interferes with data processing operations which are of substantial importance to another by committing an offence u 1. nder section303a (1); or 2. entering or transmitting data (section 202a (2)) with the intention of causing damage to another; or 3. destroying, damaging, rendering unusable, removing or altering a data processing system or a data carrier, shall be liable to imprisonment of not more than three years or a fine. (2) If the data processing operation is of substantial importance for anothers business, enterprise or a public authority, the penalty shall be imprisonment not exceeding five years or a fine. (3) The attempt shall be punishable. (4) In especially serious cases under subsection (2) above the penalty shall be imprisonment from six months to ten years. An especially serious case typically occurs if the offender causes 1. major financial loss, acts on a commercial basis or as a member of a gang whose purpose is the continued commission of computer sabotage, or 2. through the offence jeopardises the populations supply with vital goods or services or the national security of the Federal Republic of Germany. 3. (5) Section 202c shall apply mutatis mutandis to acts preparatory to an offence under subsection (1) above.

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Notes

  1. The content of the translated German penal code in relation to computer sabotage is current as of 2010

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