Art. 337B Interpretation. — CRIMINAL CODE

(1) For the purposes of this Sub-title the following

definitions, unless the context otherwise requires, shall apply

"computer" means an electronic device that performs logical,

arithmetic and memory functions by manipulating electronic or

magnetic impulses, and includes all input, output, processing,

storage, software and communication facilities that are connected

or related to a computer in a computer system or computer network;

"computer data" means any representation of facts, information

or concepts in a form suitable for processing in an information

system or in a computer system, including a program suitable to

cause a computer system to perform a function;

"computer network" means the interconnection of

communication lines and circuits with a computer through a remote

device or a complex consisting of two or more interconnected

computers;

"computer output" or "output" means a statement or a

representation of data whether in written, printed, pictorial, screen

display, photographic or other film, graphical, acoustic or other

form produced by a computer;

"computer software" or "software" means a computer program,

procedure or associated documentation used in the operation of a

computer system;

"computer supplies" means punched cards, paper tape, magnetic

tape, disk packs, diskettes, CD-roms, computer output, including

p a p e r a n d m i c r o f o r m an d a ny s to r a g e m e d i a , e l e c t r o n ic o r

otherwise;

"computer system" means a set of related computer equipment,

hardware or software;

"electronic communication apparatus" means any equipment or

machinery howsoever so described;

"electronic communication network" means transmission systems,

whether or not based on a permanent infrastructure or centralised

administration capacity, and where applicable switching or routing

equipment and other resources, including network elements which are

not active, which permit the conveyance of signals by wire, by radio,

by optical or by other electromagnetic means, including satellite

networks, fixed (circuit-switched and packet-switched, including

Internet) and mobile networks, electricity cable systems, to the extent

that they are used for the purpose of transmitting signals, irrespective

of the type of information conveyed;

"function" includes logic, control, arithmetic, deletion, storage,

retrieval and communication of data or telecommunication to, from

or within a computer;

"information system" means a device or group of inter-connected

or related devices, one or more of which, pursuant to a programme,

automatically processes computer data, as well as computer data

stored, processed, retrieved or transmitted by that device or group

of devices for the purposes of its or their operation, use, protection

and maintenance;

"supporting documentation" means any documentation used in

the computer system in the construction, clarification,

implementation, use or modification of the software or data.

(2) A reference in this Sub-title to software includes a

reference to a part of the software.

(3) A reference in this Sub-title to a computer includes a

reference to a computer network.

(4) A reference in this Sub-title to data, software or supporting

documentation held in a computer or computer system includes a

reference to data, software or supporting documentation being

transmitted through a computer network.

(5) For the purposes of this Sub-title, a person uses software if

the function he causes the computer to perform

(a) causes the software to be executed; or

(b) is itself a function of the software.

(6) A reference in this Sub-title to any software or data held in

a computer includes a reference to any software or data held in any

removable storage medium which is for the time being in the

computer.

← Art. 337AA Corporate criminal liability. CRIMINAL CODE Art. 337C Unlawful access to, or use of, information. →