|Abstract:||Telecommunication technologies represent one of the essential elements of technological development, which has a key impact on the present and the future of modern society. Over the past four decades, we have witnessed radical changes in the field of information and communication technologies (ICT). ICT penetrated into all areas of human activities and offered us, in addition to the physical world, the access to so-called virtual world, which, because of its global nature, practically has no limits and there is still a lot of space in terms of development of this area before we hit an obstacle.
There also is a dark side to the development of telecommunication technologies. These are the abuses that may occur in the form of traditional offenses committed by means of ICT technologies or in the form of cybercrime crimes. Telecommunications can be a target or a tool of a crime, but they may also act as a mean of aid in a criminal act. With this Master thesis, we want to draw attention to the major problem of electronic communications abuse, present the consequences of these and, last but not least, investigate the criminal law definitions and standards set by the domestic criminal law legislation and determine whether it is capable of sanctioning them.
The introductory chapter of Master thesis is devoted to objectives, hypotheses, assumptions and constraints, and to the methods of research. Then there is a brief overview of the 2000-year development of telecommunication technology and an outline of the extent of telecommunications abuse. Chapter 3 defines the concept of electronic communications abuse and derives a working definition that follow us through all the remaining chapters. We then familiarize the reader with the notion of cybercrime, present him the Convention on Cybercrime of the Council of Europe, and introduce the criminality of telecommunications technology abuse. The main part of the Master’s thesis are cybercrimes in Chapter 4 and methods and type of electronic communications abuse in Chapter 5. The core consists of the criminal law definition of cybercrime offenses set by the Penal Code (KZ-1) and the Convention on Cybercrime, and of the selected methods and types of electronic communications abuse with concrete real-life examples. In the next Chapter, the author analyses the event of the mobile phone theft from a Slovenian user, followed by the abuse in the amount of 64,254.03 EUR. We conclude the Master’s thesis with the findings that discard or confirm the hypotheses, summarize the dilemmas in the field of cybercrime and predict in which direction the telecommunications technology will go in the future and how can this be followed by criminal law.|