Criminal law challenges in the digital age: unauthorised access to a computer system and cyberbullying

Abstract

The expansion of digital technologies has brought not only new opportunities for communication and access to information but also new forms of criminality that pose a significant challenge for criminal law. This article focuses on the analysis of the elements of the criminal offence of unauthorized access to a computer system under Section 247 of Act No. 300/2005 Coll., the Criminal Code (hereinafter referred to as the "Criminal Code") along with related offences, while also reflecting on their systematic classification, theoretical foundations, and practical difficulties in application. The authors also address relevant European legislation and highlight deficiencies in practical enforcement, including the low clearance rate of such offences. The article also briefly examines the issue of cyberbullying as a form of crime closely linked to the digital environment, with particular emphasis on the newly introduced criminal offence of dangerous electronic harassment under Section 360b of the Criminal Code. The aim of the article is to contribute to the professional discourse on the effectiveness of the criminal law response to cybercrime in the context of the current challenges of the digital age.