Article 319a of the Criminal Code – Unlawful Access to a Computer System

Article 319a of the Criminal Code is the first provision in Chapter Nine “a” – Computer Crimes. It criminalizes conduct whereby a person obtains access to a computer system or part thereof without the express authorization of its owner or administrator. This may include accessing personal email accounts, company servers, databases, as well as systems related to e-government or security.

A notable feature of this offence is that no damage or use of the accessed information is required for criminal liability to arise. It is sufficient that the access itself is unlawful. For this reason, the provision is frequently applied in cases where someone “checks” another person’s profiles or corporate information without permission, even out of mere curiosity.

The law provides graduated penalties. Where the act is committed in complicity, repeatedly, or is directed against protected information (e.g., state secrets or cryptographic keys), penalties are significantly higher. In the least severe form, a fine of up to BGN 3,000 is envisaged, while in the most serious cases — imprisonment of up to twelve years, especially where serious consequences have occurred.

Practice shows that courts often face cases in which the perpetrator intruded into another person’s email to monitor private or professional life. In some instances, this involves intra-company conflicts or even the leakage of trade secrets. One such example is a former employee who accessed his previous employer’s system to review projects and business contacts. Although no direct damage was established, the court found him guilty and imposed a suspended sentence.

In conclusion, Article 319a reflects the seriousness with which the law treats unwarranted intrusions into digital spaces. It is a key instrument for protecting personal and professional information in today’s digital world.

If you or a relative has been a victim of a computer crime, it is best to consult a criminal-law attorney who can advise and represent you in court. This article does not constitute legal advice by Atty. Mihail Tomov and is not related to any specific situation or person. For legal assistance concerning computer crimes or any criminal-law matter, you should obtain an individual legal consultation.