118
implementation of the programs, conducting investigations and monitoring of this type of crime, and in
which members are other organizations from the European Union.
227
On November 23, 2001 in Budapest, the Council of Europe promoted the Convention on
Cybercrime
228
, which is one of the most important documents that besides the European countries was
adopted also by the United States, Canada, South Africa and Japan. With all its importance, this Convention
officially came into force in 2004 and includes the large number of documents adopted within the Council of
Europe, which somehow absolved this problem.
229
The goal of the Convention is to implement a common
criminal policy for protection of the societies from cybercrime, adoption of common legislation and
advancement of the international cooperation. Republic of Macedonia signed the Convention on Cybercrime
on 23.11.2001, ratified it on 15.09.2004, and it came in force on 01.01.2005.
230
The European Convention on Cybercrime defines four groups of crimes:
231
crimes against the confidentiality, integrity and accessibility of computer data and systems. These
crimes are manifested as unauthorized access, interception, or penetration
into data or the systems, as
well as unauthorized use of equipment,
programs and passwords;
crimes related to computers, where theft and counterfeiting are the most common forms of attack;
crimes related to the content, for example where child pornography is the most common content that
appears in this group and includes the possession, distribution, transmission, storage and providing
access to
these materials, their production and sales for further processing into the computer systems;
crimes related to the abuse of copyright and related rights, which include the reproduction and
distribution of unauthorized copies of works by means of computer systems.
The Macedonian legislation according to the recent amendments to the Criminal Code of the Republic
Macedonia from 2012 covered the crimes related to cybercrime in the following chapters:
Chapter XIX crimes against sexual freedom and sexual moral, Article 193/a sanctions the crime
Production and distribution of child pornography, and Article 193/b sanctions the crime Luring for
sexual intercourse or other sexual act over minor who has not reached 14 year of age;
Chapter XXIII crimes against the property, Article 251 sanctions the crime Damaging and
unauthorized intrusion into computer system, Article 251/a sanctions the crime Production and input
of computer viruses, Article 251/b sanctions the
crime Computer fraud;
Chapter XXXII crimes against legal services, Article 379/a sanctions the crime Computer
counterfeiting;
Chapter XXXIII crimes against public order, despite the amendments in the Articles 394/b and
394/c, Article 394/d sanctions the crime Dissemination of racist and xenophobic material over
computer system.
6.
CONCLUSION
The contemporary societies become equally dependent on information and communication
technologies, and therefore became vulnerable to cybercrime. Because cybercrime represents a risk to the
security of the states and whole regions, and because of its complexity it requires a global response, or
continuous capacity building and resources for its prevention. Cybercrime as one of the most serious and
227
.Trust and Security in Cyberspace: The Legal and Policy Framework for Addressing Cybercrime (2002.); Cyber-Rights
& Cyber-Liberties, Advocacy Handbook for NGOs (2003.); Racism Protocol to the Convention on Cybercrime (2003.);
The Protocol to the Cybercrime Treaty (2002.); Additional Protocol to the Cybercrime Convention Regarding "Criminalization of
Acts of a Racist or Xenophobic Nature Committed through Computer Networks”; Report Revised draft of the Protocol on Racist
Speech (2002.); Background Materials on the Racist Speech Protocol; Draft Protocol on Racist and Xenophobic Speech: Preliminary
draft (2001.); Second Protocol on Terrorism (2002).
228
.
www.scribd.com/doc/97276257/konvencija-o-cyber-kriminalu
229
. Trust and Security in Cyberspace: The Legal and Policy Framework for Addressing Cybercrime (2002.); Cyber-Rights & Cyber-
Liberties, Advocacy Handbook for NGOs (2003.); Racism Protocol to the Convention on Cybercrime (2003.); The Protocol to the
Cybercrime Treaty (2002.); Additional Protocol to the Cybercrime Convention Regarding "Criminalization of Acts of a Racist or
Xenophobic Nature Committed through Computer Networks”; Report Revised draft of the Protocol on Racist Speech (2002.);
Background Materials on the Racist Speech Protocol; Draft Protocol on Racist and Xenophobic Speech: Preliminary draft (2001.);
Second Protocol on Terrorism (2002).
230
. Official Gazette of RM no.41/2004
231
. The Council of Europe Convention on Cybercrime, 2001, http//www.
coe. Int/cybercrime.
119
most dynamic threats to the security of the states and their citizens, its combating must be defined as an
important component within the national security.
The endangerment of the stability of the states through this type of highly sophisticated crime is
particularly evident on economic and security plan. On global level, the states, their industries, energy,
financial and banking sectors, the sectors for information and telecommunications and other sectors relevant
to their normal functioning are often exposed to cyber attacks.
For example, through the uncontrolled e-transfer of money or by entering and placing large amounts
of money into the economies of the states that derive from criminal activities, known as “money laundering”,
their economic stability is greatly distorted and it destroys their fiscal and monetary system. Given the fact
that contemporary societies, their governments and ministries are increasingly relying on the benefits of
information technology, they are target to computer threats by using various techniques that may
compromise, modify or destroy data or information. The goal seems to be inflicting a negative impact,
dilution or impairment of the political, cultural, economic and commercial achievements, violation of the
rights and freedoms of citizens or for destabilization of the states and whole regions.
Cyber attacks according to their number and complexity represent contemporary problem for the
security and defense of the states. Firstly, they have to be identified, but also to be prioritized in order for
their suppression because they can really happen and can cause great damage to the states. In order for
timely identification, prevention and suppression of this type of crime, it is important that the states and the
broader international community firstly understand and accept the fact of existence of the sophisticated
threats of cybercrime. The identification, defense and finding of proper protection from these threats the
states have to systematize and channel through the so called information security, which should be an
important state priority that should be perceived, a knowledge about the nature of computer threats should be
acquired, what they represent, their adverse effects, and to find ways and create resources for their
recognition, prevention, suppression and removal. For reasons that the information security lately became a
basis of social, political, economic and social stability of the states, without it there is neither political nor
economic,
nor state, not even international security.
Since the states of Southeast Europe lately were target of numerous cyber attacks, their imperative
would have to be strengthening of the cooperation on regional and global level, which requires institutional
organization, establishment of legal framework, while relying on the already signed and ratified international
documents relating to organized and cybercrime as its segment. The states have to address the computer
threats seriously and to incorporate them into their national strategies, as well as to speed up the efforts for
promotion of the defense from this type of so called virtual threats.
In order to achieve visible, efficient and effective results the state institutions
in preventing this type of
crime, and to overcome the difficulties in its recognition and appropriate confronting, good education and
material and technical equipment is needed for all entities involved in its recognition, prevention,
suppression and protection of the security of the states and their citizens.
In the same direction, it is necessary for the companies that deal with the production and sale of
information technology to influence the raising of public awareness for the importance of investment in
information security, which in the contemporary societies is the basis for their security and stability.