La prévisibilité de l'incrimination des actes commis dans le cyber espace

The article analyzes the predictability of the incrimination of acts committed in cyberspace from two perspectives: through the rules of the general part of Romanian criminal law and through the rules established to protect human rights. In the first part, we discuss the classification of offenses by their material element, highlights the particularities for cyberspace, and then presents the rules established in the jurisprudence of the European Court of Human Rights on article 7 of the Convention. In the second part, it presents the modalities of interpretation that can create problems in jurisprudence and analyzes the disputes resolved by the mandatory jurisprudence of the High Court of Cassation and Justice. The conclusion reached is that one must always start from the premise of an unprecedented interaction between traditional legal institutions, created and shaped over decades or even centuries on which criminal law operates, and this relatively new domain of cyberspace.