THE PUBLIC DANGER OF QUALIFIED ELEMENTS OF CRIMES COMMITTED USING INFORMATION AND TELECOMMUNICATION NETWORKS

The article discusses the use of information and communication networks in serious crimes and the criteria for identifying such crimes. It examines legal literature’s proposals for classifying and constructing elements of serious crime. The main criterion for categorizing crimes as serious is a significantly increased level of risk to society caused by an act and the identity of the perpetrator. Factors that determine this increased risk are discussed, along with opinions of scholars analyzing the social justification for stricter punishments for crimes committed via information and communication technologies. Additionally, the article compares the maximum punishments for serious crimes committed through these networks to examine the issue of punishment. Unstable values of the indicator for the multiplicity of maximum penalties for qualified elements of crimes committed via information and telecommunication networks have been identified in comparison to main elements of crime. A preliminary conclusion has been drawn regarding the need for a unified system of qualification features and fair penalties for qualified offences, taking into account findings from the theory of justifying criminal law. The penalty should be aligned with others for similar offences and other types of offences. Further analysis is required to examine societal relevance factors related to the existence of qualified components in offences committed via information communication networks.