Summary

The Databases Act passed by the Riigikogu in March 1997 introduces a new Chapter to the Criminal Code setting out crimes related to data processing. Under the Criminal Code, a proper qualification of a crime requires, first and foremost, establishment of the purpose of action of a criminal offender, and, based on this, the Criminal Code falls into corresponding Chapters. In the author’s opinion, the legislator has failed to follow the logic of the Criminal Code by creating a separate Chapter for nine computer crimes since they violate different rights. Moreover, there are also other Chapters in the Criminal Code which refer to elements of computer crimes.
Apart from formal problems, the author also addresses substantial issues concerning computer and data processing crimes, compares corresponding sections which are currently in force with those being drafted in the new Criminal Code. The author points out problems which may arise in the interpretation of elements constituting computer and data processing crimes. Further, the author emphasises that, in addition to the text of law, the competence of the authorities implementing the law is important in the detection of computer crimes as a specific type of crime.