Cybercrime – the issue of the time and place of the crime commitment

Abstract

The article is devoted to the issue of determining the place and time of committing a crime in cyberspace. The legislator draws attention to these structural elements of a prohibited act in Art. 6 penal code which, however, were established for crimes committed in real (physical) space. The global nature of cyberspace largely makes it difficult to apply this norm directly to the description of a crime occurring in this dimension. In the classical approach, the place of the perpetrator's action is linked to the effect and the time in which he committed the crime. The time and place of committing a crime in cyberspace does not fall within the traditional concept of Art. 6 penal code which causes procedural repercussions related to the moment of effective prosecution of the perpetrator. However, this crime de lege ferenda has a special dimension and should also be treated as such.