Octopus Cybercrime Community

The main piece of legislation to refer to cybercrime is the Penal Code, recently revised (Law n.º 24/2019).

Other cybercrime related laws are Law n.º 3/2017 on Electronic Transactions and Law n.º 14/2013 on Preventing and combating money laundering and financing of terrorism.

1. the Penal Code, Articles 336 to 339 are dedicated to Computer fraud and related crimes. Within this section there are mentioned the computer fraud (Article 336), data interference (Article 337), systems interference (Article 338), misuse of devices (Article 339). Crimes committed under Article 336 can lead to penalty of imprisonment from 1 to 2 year and a fine. If aggravating circumstances, the penalty can go up to 8 years of imprisonment. Under Articles 337 to 339, penalties of imprisonment apply, from 1 to 2 years and a fine.

Illicit access (defined as illegitimate) to computer systems is punished under Article 256 with imprisonment from 1 to 2 years and a fine.

The creation of computer programs and other instruments to commit e-payments fraud is punished under Article 294 (Frauds related to e-payment channels and tools) with imprisonment from 1 to 3 years and a fine.

Article 67 of Law n.º 3/2017 on Electronic Transactions mention several contraventions that are assimilated to cybercrime such as: illegal access to a computer or computer network, illegal interception of private data transmission via a computer or computer network, including electromagnetic emissions, data interference resulting into their elimination, deterioration, alteration , intentional interference with computer systems affecting their functioning through the introduction, transmission, damaging, elimination and deterioration of data and misuse of devices, when intentionally committed, without permission, causing someone else’s property loss by introducing, modifying, eliminating or suppression of data and any other interference with the functioning of computer systems or computer networks. The previous mentioned crimes are to be punished with fine representing the equivalent of 40, maximum 90 minimum wages within the public sector.

Mozambican Constitution grants several right and liberties.

Among the fundamental principles, right and liberties there are mentioned: the principle of universality and equality, guaranteeing the equal treatment of all citizens before the law (Article 35), the right to life, physical and moral integrity of individuals being guaranteed (Article 40), the right to a honour, reputation, to defend his/her public image and to have a private life. According to Article 43, the fundamental rights are interpreted in the spirit of the Universal Declaration of Human Rights and the African Charter on Human and Peoples Right. Freedom of expression is guaranteed under the Article 48, freedom of association under Article 52. Under Article 59, the Constitution guarantees the right to freedom and security: no one can be imprisoned and judged outside the legal framework, suspects benefit of the innocence presumption until the final judicial decision. Article 68 guarantees the inviolability of residence and correspondence.

According to Chapter VI – International cooperation, of Law n.º 14/2013 on Preventing and combating money laundering and financing of terrorism, competent authorities have to promote the international cooperation in extraditions and mutual legal assistance with regard to the criminal investigations and procedures related to money laundering and financing of terrorism. Within this chapter, MLA requests requirements are described along with the requirements for the investigation, provisional measures, execution and extraditions requests.