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Phishing and problems with its legal classification in theory and practice

Publication at Faculty of Mathematics and Physics, Faculty of Law |
2012

Abstract

This paper deals with the criminological and criminal law aspects of phishing, both in theory and practice of decision-making law enforcement agencies and judicial bodies. The contribution addresses the nature of this criminal phenomenon, its forerunners, and the usual modus operandi of the phishing.

The second part of this paper consists of a study of concrete judicial case of phishing analyzing the problems with its legal classification, not only from the perspective of the former Czech criminal code, but also in the terms of the new Czech criminal code.