The Concept of Computer Crime in Bulgarian Criminal Law

1. Introduction

The development of information and communication technologies has led to the emergence of new social relations that require adequate criminal-law protection. In this context, the concept of computer crime has been formed — a relatively new category within the criminal law system, reflecting the transformation of traditional criminal conduct into the digital environment.

2. Definition of Computer Crime According to Certain Doctrinal Approaches

A computer crime should not be defined solely by the use of a computer or an information system. Decisive importance lies in the nature of the protected social relations.

In this sense, computer crimes may be defined as crimes in which computer data, computer systems, or automated data-processing processes constitute either the direct object or the primary means of the criminal act.

It should be emphasized that not every crime committed “through a computer” qualifies as a computer crime in the criminal-law sense. For example, using a computer merely as a technical tool (e.g., for drafting a threatening letter) does not automatically lead to classification as a computer crime.

3. Main Characteristics of Computer Crime

Several essential characteristics can be identified:

3.1. Specific Object of the Crime

The protected objects include:

• computer data;

• computer systems;

• information processes;

• the security and integrity of automated information processing.

This distinguishes computer crimes from traditional crimes against property or the person.

3.2. Special Subject Matter of the Crime

The subject matter is often intangible — data, software, electronic information. This raises specific issues regarding evidence, harm, and criminal result.

3.3. Specific Criminal Conduct

The criminal conduct typically consists of:

• unauthorized access;

• inputting, deleting, or altering data;

• interference with the functioning of a computer system.

Such acts are carried out in a digital environment and often leave no visible material traces.

4. Computer Crime and the Criminal Code

The Bulgarian Criminal Code does not contain a legal definition of the term “computer crime.” Instead, the legislator has adopted a casuistic approach by regulating specific criminal offenses (Articles 319a–319e of the Criminal Code), which protect various aspects of computer security.

5. Distinction from Related Crimes

Of particular importance is the distinction between:

• computer fraud and traditional fraud;

• damage to data and damage to tangible property;

• unauthorized access and violation of the secrecy of correspondence.

The digital nature of the offense alters not only the method of commission but also the legal essence of the act itself, which justifies its independent criminal-law regulation.

6. Conclusion

The concept of computer crime in Bulgarian criminal law should be regarded as an independent doctrinal category based on a specific object and subject of criminal-law protection, rather than solely on the use of technical means. Certain analyses in Bulgarian legal doctrine demonstrate the need for a systematic and conceptual approach to the regulation and application of norms related to computer crimes.