Cyber Criminals on Trial by Russell G. Smith

By Russell G. Smith

This publication includes a global research of the style during which cyber criminals are presently dealt with by means of the judicial method. As computer-related crime turns into extra vital globally, either scholarly and journalistic bills are likely to concentrate on the ways that the crime has been devoted and the way it could possibly were avoided. little or no has been written in regards to the catch, attainable extradition, prosecution, sentencing and incarceration of the cyber criminal--until now.

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Examples of corporate crimes and other forms of corporate illegality include infringements of corporations laws, taxation and revenue offences, noncompliance with occupational health and safety laws and anti-discrimination legislation, breach of environmental protection laws, consumer protection offences relating to deceptive practices and the sale of dangerous or unhealthy products, infringement of trade practices and competition legislation, intellectual property piracy, bribery and corrupt practices in dealing with government agencies, and various economic offences concerning employees such as breaches of industrial awards and non-payment of wages and superannuation (Grabosky 1984).

Clearly some of these activities would fall within the definition of cyber crime as conduct that involves the use of computers, although to date corporations have rarely been prosecuted for such activities, although their officers have. To limit the scope of the present discussion, we shall focus on cyber crimes perpetrated by individuals rather than by corporate entities. In time, we shall see a much greater interest being taken in corporate cyber crime (see, for example, Clough and Mulhern 2002).

The effect may well be that a long and complex litigation will be stayed indefinitely. Cases involving serious and complex computer crime, especially if cross-border conduct is involved, also take a considerable time to process – sometimes more than five years. This detracts from the principle that justice should be afforded in DEFINING AND MEASURING CYBER CRIME 29 a timely manner, and also lessens any deterrent effects of punishment. Defendants are also often able to slow proceedings by acting in an uncooperative way.

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