Octopus Cybercrime Community

By Law No. 161/2003 (Title III - Prevention and combating cybercrime) implemented accurately the Budapest Convention into Romanian legislation.

In 2004 Romania ratified the Convention on Cybercrime (Law no 64/2004) and in 2009 the Additional Protocol concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems.

Subsequently, Romania had undertaken a legislative reform aiming at reviewing of the entire criminal legislation and at incorporating into the criminal code various offences provided initially by specific laws (e.g. Law no 161/2003). As a result, new criminal codes were adopted, as well as the laws enforcing them:

• Law 286/2009 on the Criminal Code and Law 187/2012 enforcing the new Criminal Code
• Law 135/2010 on the new Criminal Procedure Code and Law 255/2013 enforcing the new Criminal Procedure Code

On 1 February 2014 they entered into force.

In sum, substantive and procedural provisions of the Budapest Convention are fully implemented by criminal codes.

Available in English at: http://legislatie.just.ro/  

Other relevant laws:

• Constitution of Romania
• Law no. 302/2004 on international judicial cooperation in criminal matters (amended and completed)

The Criminal Code criminalises the following offences:

• Art. 360 - Illegal access to a computer system
• Art. 361 - Illegal interception of computer data transmissions
• Art. 362 - Altering computer data integrity
• Art. 363 – Disruption of the operation of computer system
• Art. 364 – Unauthorised transfer of computer data
• Art. 363 - Disruption of the functioning of computer systems
• Art. 365 - Illegal operations with devices or computer programs
• Art. 325 - Computer data forgery
• Art. 249 - Computer fraud
• Art. 374 - Child pornography

Law no. 8 of 14 March 1996 on copyright and neighbouring rights published in the Official Gazette of Romania no 60 of 26 March 1996 (subsequently amended and completed, republished in the Official Gazette of Romania No 489 from 14 June 2018) is relevant for the implementation of Article 10 of the Budapest Convention.

For more information see the Country Profile of Romania.

The Criminal Procedure Code establishes under Chapter IV Art. 138 the following special methods of surveillance or investigation:

a) wiretapping of communications or of any type of remote communication;

b) accessing a computer system;

c) video, audio or photo surveillance;

d) tracking or tracing with the use of technical devices;

e) obtaining data regarding the financial transactions of individuals;

f) withholding, delivery or search of mail deliveries;

g) use of undercover investigators and informants;

h) authorized participation in specific activities;

i) controlled delivery;

j) obtaining traffic and location data processed by providers of public electronic communication networks or by providers of electronic communication services intended for the public.

Other measures:

• Preservation of computer data (Art. 154)
• Computer search (Art. 168)
• Production order (Art.170)

For more information see the Country Profile of Romania.

The communication via Internet and other communication means is protected and guaranteed by the legal framework in force. At the same time, personal data are protected by the Romanian legislation in force.

Considering Romania’s membership in the Council of Europe and in the European Union, the criminal reform in Romania aimed at adjusting the legislation in criminal matters to the exigencies and requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the GDPR as well as of other relevant international and community instruments.

The Constitution of Romania guarantees a series of fundamental human rights and freedoms, among which:

• Art. 26 - The intimate, family and private life
• Art. 27 - Inviolability of domicile
• Art. 28 - Secrecy of correspondence
• Art. 30 - Freedom of expression
• Art. 31 - The right to information

The above-mentioned constitutional principles are reflected in the criminal legislation, including the Criminal Procedure Code and the Criminal Code, through the incrimination of acts infringing upon the domicile and private life (Chapter IX, Special Part, “Crimes that harm private domicile and life”). The objectives of the new Criminal Procedure Code included the unitary protection of the human rights and freedoms guaranteed by the Constitution and by the international legal instruments, as well as the adequate regulation in the criminal legislation of the international obligations undertaken by Romania.

In the same line of guaranteeing the right stipulated under Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Criminal Procedure Code establishes, as a principle, the obligation that, once the technical surveillance has ended, the prosecutor should inform in writing the subject of any warrant about the surveillance measure taken against them.

For more information see the Country Profile of Romania.

• Constitution of Romania
• Law No. 8 of 14 March 1996 on copyright and neighbouring rights
• Law no. 302/2004 on international judicial cooperation in criminal matters (amended and completed)

Based on the applicable treaty the competent central authorities competent to send/received the MLA request are:

• Public Ministry for MLA requests issued during investigation and criminal prosecution stage and the Ministry of Justice for requests issued trial and execution stage or
• Ministry of Justice if the request has been issued in the absence of a treaty and based on reciprocity or if the treaty applicable designates the Ministry of Justice as the single central authority.
• Ministry of Justice for sending and receiving extradition requests
• With reference to the channels of communication, usually, at EU level there is a direct channel used between the issuing and executing judicial authorities.

For the execution of the requests the judiciary is in charge of depending on the type of request and the stage of the trial (investigation and prosecution, or trial/execution stage.

MLA authority in the absence of other treaties (Art. 27)

For pre-trial investigations

The Prosecutor’s Office to the High Court of Cassation and Justice

Bvd. Libertatii Nr. 12 – 14, sector 5, Bucharest

Requests during the trial or execution of punishment

The Ministry of Justice

Str Apolodor no. 17, sector 5, Bucharest

Authority for extradition and provisional arrests in the absence of other treaties (Art. 24)

The Ministry of Justice

Str Apolodor no. 17, sector 5, Bucharest

http://www.ejn-crimjust.europa.eu/ejn/libdocumentproperties.aspx?Id=331

24/7 Network

The Service for Combating Cybercrime within Directorate for Investigating Organized Crime and Terrorism Offences is a specialised structure of the Prosecutor's Office attached to the High Court of Cassation and Justice.

Within the Police, there is a secondary 24/7 point of contact to assist the existing one from the Prosecutor’s Office. This point of contact is the Service for combating Cybercrime, where designated personnel take incoming requests and process them.

MLA requests for cybercrime cases are executed based on the law on international judicial cooperation in criminal matters (Law no. 302/2004) and the provisions of the Law no. 161/2003 (Chapter 5)

Law No. 302/2004 on international judicial cooperation in criminal matters represents the general framework in relation to international judicial cooperation in criminal matters.

Law No. 161/2003 (Title III-Prevention and combatting cybercrime-Chapter 5), which implements the Convention on Cybercrime, provides specific provisions related to cybercrime requests for assistance.

In the process of international judicial cooperation at multilateral level, Romania is using the European Union Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union in conjunction with MLA Conventions of the Council of Europe, Convention on Cybercrime or the United Nations Convention against Transnational Organized Crime.

For more  information see the Country Profile of Romania.