Algoritms kā būtiska kaitējuma noteikšanas metode noziedzīgos nodarījumos, kas saistīti ar automatizētu datu apstrādes sistēmu (ADAS)

Translated title of the contribution: Algorithm as a Method for Determining Substantial Harm in Crimes which are Related with Automated Data Processing System (ADAS

Uldis Ķinis, Ņikita Sinkevičs

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Abstract

The aim of the article is to analyse the problem of applying substantial harm in
offenses against the security of information systems, in particular Paragraph one of
Article 241 and the paragraph one and two of Article 243 of the Criminal Law. Although
substantial harm is defined in Article 23 of the Law on the Procedures for the Coming
into Force and Application of the Criminal Law, the wording of the current law and
its application in the court practice of Latvia is still problematic. The authors have
studied the European Union and regulations in Latvia on the network and information
system, which provides security of services essential to society. The authors concluded
that systems which provide essential service and significant impact of service must be
recognised as the direct object of the offense of Article 241, Paragraph three and Article
243, Paragraph five of the Criminal Law. Furthermore, it is not necessary to prove
existence of harmful effects in order to prosecute these offenses. The authors propose to introduce a classification of information systems that would functionally cover all
existing systems in the country. Therefore, the authors propose to simplify this process
of determining significant damage and replace the current procedure with an algorithm.
General methods of scientific research and methods of legal interpretation have been
used in the research.
Translated title of the contributionAlgorithm as a Method for Determining Substantial Harm in Crimes which are Related with Automated Data Processing System (ADAS
Original languageLatvian
Pages (from-to)61-82
JournalSocrates
Volume23
Issue number2
DOIs
Publication statusPublished - 2022

Keywords*

  • algorithm
  • automated data processing system
  • substantial harm
  • security incident
  • non-material loss
  • criminal delinquency

Field of Science*

  • 5.5 Law

Publication Type*

  • 1.2. Scientific article included in INT1 or INT2 category journal of ERIH database

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