Liability for cyber fraud – what is the article and term for cybercrimes?

The Internet has opened up many opportunities, but at the same time it has become a medium for new forms of crime. The most common offense is cyber fraud, when individuals pretending to be banks, online stores or acquaintances deceive people into giving them money and personal data. In such cases, it is important to know that the law provides for real criminal liability for cyber fraud, and a cyber crime lawyer can help protect your rights and minimize the risks if you are accused.

What is considered cyber fraud?

Cyber ​​fraud is a criminal activity that takes place on the Internet, using mobile applications, other electronic means. It consists in illegally taking money, property or personal data of a person by misleading them.

The essence of cyber fraud is that the victim voluntarily transfers his funds, confidential data, while being under the impression of deception. In other words, the person himself transfers money, provides bank card details, enters passwords, and other important information, but does so under the influence of false information created by the fraudster. Cyber ​​​​fraud often looks convincing: fake sites copy the design of official resources, fake bank employees have professional terminology, and fraudulent messages create a sense of urgency. That is why a person considers his actions legal and safe, although in reality he becomes a victim of a crime.

The most common examples: fake online stores and fraudulent ads on platforms like OLX; SMS, email messages from the "bank" with a request to update data; sale of non-existent tickets, equipment, animals; creation of fake accounts on social networks; "calls from a call center", where fraudsters present themselves as employees of financial institutions. The essence is the same: the victim voluntarily transfers money, data, being under the delusion.

Which article of the Criminal Code provides for liability?

In Ukraine, cyber fraud is classified under Article 190 of the Criminal Code of Ukraine "Fraud". According to Part 3 of this article, a more severe punishment is provided if the crime was committed using computers, the Internet, mobile applications or other digital technologies (the legal term is electronic computing equipment).

Sanctions of the article:

• Imprisonment for a term of 3 to 8 years.
• A fine may also be imposed.
• In some cases, confiscation of the criminal's property.

The provisions of the law indicate that fraud committed using computer technologies is punishable by imprisonment for a term of three to eight years.

So, even when it is not about theft in the physical world, but about “ordinary” fraud on the network, the state qualifies such actions as a serious criminal offense, for which real imprisonment is provided.

Other cybercrimes and punishments

Cyberfraud is just one of the types of crimes related to the use of technology. Ukrainian legislation provides for a number of separate offenses related to the cybersphere. In particular:

• Article 361 of the Criminal Code of Ukraine - unauthorized interference in the operation of computer systems (for example, hacking accounts, servers, databases). Punishment: up to 6 years of imprisonment;
• Article 361-1 of the Criminal Code of Ukraine - creation, distribution or sale of malicious software (viruses). Punishment: up to 5 years;
• Article 362 of the Criminal Code of Ukraine - illegal operations with information (theft, destruction, modification or copying of data). Punishment: up to 6 years;
  Art. 363-1 of the Criminal Code of Ukraine — obstruction of the lawful operation of computer networks, servers or equipment. Punishment: up to 5 years.

Thus, the legislator has created a comprehensive system of liability that covers various forms of illegal actions in the digital space. This means that almost any illegal use of information technology can be classified as a criminal offense and entail real terms of imprisonment.

Attempt and Complicity in Cybercrime: Are They Punishable?

It is important to understand that legal assistance in cybercrime is needed even at the stage of the attempt:

• Even if the fraudster did not complete the crime (for example, tried to hack an account, but did not have time) - this is already an attempt at a crime and is punishable.
• If a person helped the criminal (created a website, provided a card for transfers, transferred data) - this is complicity, the responsibility for which is the same as for the organizer.

How to protect yourself from cyberfraud?

In order not to become a victim of fraudsters on the Internet, you should follow simple rules:

1. Do not follow suspicious links in SMS, email.
2. Never give PIN, CVV, passwords even to "bank employees".
3. Check the authenticity of the site (presence of https://, official address).
4. Use two-factor authentication.
5. If you have been scammed, contact the Cyber ​​Police of Ukraine immediately.

Help from a lawyer in cybercrime cases

Defense in cyberfraud cases requires a professional approach. A cybercrime lawyer will help:

• prepare a statement to the police;
• collect evidence of wrongdoing;
• represent your interests in court;
• minimize the risks of criminal liability if you are accused.

The lawyers of "Prikhodko and Partners" have experience in criminal and cyber cases, so they can provide effective protection and support at all stages of the process.

Summary

Cyberfraud is a serious crime, classified under Art. 190 of the Criminal Code of Ukraine, can cost freedom for a term of up to 12 years (under Part 4). The law punishes both the fact of fraud itself, and attempts, complicity, as well as auxiliary crimes (burglary, laundering).

If you have become a victim of cyber fraud or are wrongfully accused of such actions, do not waste time. Seek help from a professional lawyer. The right defense strategy will allow you to restore justice, recover damages, or preserve your freedom and reputation.

The lawyers of "Prіkhodko and Partners" have extensive experience working with the Cyber ​​Police and in courts, which guarantees effective protection and support at all stages of the criminal process.