Volume 03 Issue 11-2023
53
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
53-60
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article discusses the methods, main elements and means of committing crimes of stealing someone's property
using information technology, and also studies the legislation of foreign countries on crimes related to the theft of
someone's property using information technology, the role of information technology in the process of theft of
someone's property.
KEYWORDS
Information technology, information system, artificial intelligence, malware, technical devices, robbery, theft.
INTRODUCTION
The method of crime, the activities and actions of the
suspect, methods of robbery are the main elements of
the theft of other people's property using information
technology.
According to the generally accepted approach, the
method of crime is considered in the form of stages,
consisting of a sequence of actions to prepare the
crime, commit it and conceal the traces of the crime.
According to everyone, adherence to this approach is
effective when using methods of stealing other
people's property using information technology.
Criminologically important signs characterizing the
method of theft of someone's property using
information technology: the actions of the suspect
(the use of information technology and devices and
the practice of electronic money transfer), as well as
the corresponding signs characteristic of the main
forms and types of theft of someone's property.
Research Article
METHODS AND MEANS OF THEFTING OTHERS' PROPERTY USING
INFORMATION TECHNOLOGIES
Submission Date:
November 16, 2023,
Accepted Date:
November 21, 2023,
Published Date:
November 26, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue11-09
Murodov Bakhtiyorjon Bakhodirjonovich
Head of the Department of “Preliminary Investigation and Criminalistics” Academy of the Ministry of Internal
Affairs Doctor of Law, professor, Uzbekistan
Sultonov Muxsinjon Mukimovich
Independent applicant, Academy of the Ministry of Internal Affairs, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 11-2023
54
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
53-60
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The actions of a suspect in the theft of someone's
property using information technology may include
such signs as preparation for a crime, its commission
and concealment, as well as the disposal of stolen
property.
METHOD
The actions underlying the method of stealing
someone's property using information technology can
be divided into the following:
1) actions performed in the information environment;
2) actions typical for the use of devices and other
means of theft related to the field of information
technology.
In particular, actions in the information environment
are illegal (unauthorized) use of computer information
provided for in articles 169, paragraph b of the Criminal
Code of the Republic of Uzbekistan, part three of
Chapter XXI of the Criminal Code, that is, information in
information and computing systems, networks and
their components, the use, manufacture or
transmission and distribution of special software or
technical funds for the purpose of illegal
(unauthorized) use of protected computer systems, as
well
as
telecommunications
networks,
illegal
modification of information, stored in information and
computing systems, networks and their components
of a computer system, its damage and deletion, as well
as the creation of computer programs or making
changes to existing programs for the purpose of
intentionally entering false information into it,
deleting, blocking, changing, copying or intercepting
information stored or transmitted to the computer
system without permission, and also the development
of special virus programs, including their intentional
use or intentional distribution and other actions. These
actions express information and methods of its
processing.
Also, these actions can be carried out separately or
together in the process of implementing the method
of theft. In our opinion, despite the fact that they can
be performed only with the help of information
technology, they should be considered as a separate
group of actions on the commonality of signs and the
mechanism of their implementation, as well as a group
of actions on the use of means and devices of the field
of information technology.
When committing certain types of theft, actions in the
field of information technology are often carried out in
conjunction with their other type - illegal access to the
information system. In our opinion, unauthorized
access to the information system should be considered
as theft committed with the help of information
technology [1].
If, in
the process of stealing someone else’s property,
signs of unauthorized access to an information system
are discovered, this crime will be qualified in
accordance with article 2782 of the Criminal Code of
the Republic of Uzbekistan and the corresponding
article, which provides for criminal liability for theft of
wonderful property, depending on the presence of
elements of the crime.
The use of information technology tools and devices by
a suspect to rob someone's property can be assessed
as a set of actions describing a method of stealing
someone's property using information technology.
Since the use of techniques, methods, tools, devices
(for example, special software, equipment, etc.) in the
field of information technology for the purpose of
theft is one of the important signs of the criminal
aspect of the theft of other people's property with the
Volume 03 Issue 11-2023
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International Journal Of Law And Criminology
(ISSN
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VOLUME
03
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Pages:
53-60
SJIF
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(2021:
5.
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(2022:
5.
705
)
(2023:
6.
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
help of information technology, it is necessary to clarify
the concept of these technologies.
According to the philosophical concept, technology is
a dynamic system that includes information,
knowledge,
tools,
devices,
operations
and
management activities [2]. It is also possible to imagine
information technology as a specific mechanism for
processing information and working with it. Thus,
information technology should be understood in a
broad sense as a field of knowledge, including
techniques, means and methods of processing
information and working with it, as well as managing
information processes using specially designed tools
and devices. The legal definition of information
technology is given in Law No. 560-II of December 11,
2003 "On Informatization", according to which it is
noted that "information technology is a set of
methods, devices, techniques and processes used to
collect, store, track, process information and distribute
it [3].
All means of stealing someone else's property using
information technology, depending on the type of
their device, can be divided into three large groups: 1)
Hardware, 2) Hardware and software 3) software
tools. In fact, there is no such clear separation, since it
is believed that hardware, as a rule, has an information
system associated with the software serving it.
In our opinion, based on the above, the means of
stealing someone else's property using information
technology can be classified as technical devices with
software or hardware-software and software products
or software tools.
Technical devices and software products used as
means of committing a crime can be classified as
officially authorized and licensed means, as well as
unlicensed, but harmless means, as well as illegal,
malicious information technologies (for example, a
computer virus). Official or legal types of information
technologies (both software products and technical
devices) must be licensed, certified in accordance with
the procedure established by law, and also comply
with certain standards. Therefore, signs such as the
presence or absence of licenses, certificates,
compliance with standards and technical requirements
must be established for each individual hardware,
hardware-software and software product.
These requirements are a guarantee of the full
implementation of the principle of a unified approach
to the regulation of cybersecurity, provided for in
Article 7 of the Law "On Cybersecurity". After all,
according to this principle, "a unified approach to the
regulation of the cybersecurity industry is provided by
the introduction of a unified state system of
cyberbullying information systems and resources
aimed at organizing the process of developing and
implementing software and technical means for
processing and protecting data, monitoring and
controlling
Information
technologies.
Ensuring
cybersecurity should be carried out on the basis of
unified approaches when forming a system of legal,
administrative and technical regulation of relations in
this area [4].
Technical devices associated with various devices and
software, the technical component of the field of
information technology is a means of stealing
someone's property using information technology, the
principle of operation of which is based on the
interaction of software with this mechanism of the
technical device: personal computers, laptops, tablet
personal computers, smartphones, mobile computers
and other devices.
Modern research shows that theft of other people's
property (article 169 of the Criminal Code), fraud
Volume 03 Issue 11-2023
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International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
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11
Pages:
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SJIF
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5.
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(2023:
6.
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
(article 168 of the Criminal Code) can be committed
using malicious computer software.
Thus, the theft of funds using malicious computer
programs and other means of payment is carried out as
a means of committing crimes. There are two main
types of such robberies with the help of malicious
computer programs: theft of funds from bank
accounts and robbery of electronic funds [5].
According to experts of the banking sector, such a type
of malicious computer program as the Trojan
computer program is a frequently used tool of robbery
in the field of remote banking [6]. A Trojan computer
program can be used to illegally obtain information
outside the jurisdiction of the owner of a technical
device, for example, to commit theft or fraud.
An electronic document should be created taking into
account the possibility of perception of this document
by participants of electronic document flow [7]. Thus,
an electronic document should be defined as a
complex structured object consisting of various types
and forms of information.
A number of authors believe that based on the general
concept of a document as a material object and the
concept of documented data recorded on a material
data carrier, an electronic document can be recognized
as material evidence [8]. Material evidence may be
objects and documents provided for by the Criminal
Procedure Code. An electronic document is a type of
document that can exist in relation to a material
carrier. Thus, an electronic data carrier containing an
electronic document should be considered as material
evidence.
There are many classifications of types of electronic
documents. Nevertheless, in the context of the
mechanism of theft of other people's property, it is
necessary to classify electronic documents according
to their purpose and structure. Thus, files are divided
into: documents, database files, log files, temporary
and system files, and other types [9]. The purpose and
structure of a document or file depends on what digital
traces remain in the process of using this crime tool
and where to look for them.
Depending on the role of information technology in
the process of plundering someone else's property,
two types of committing these crimes can be
distinguished:
1) the use of information technology as an additional
means of committing a crime (in comparison with
traditional forms of ownership);
2) the use of information technology as the main
means of committing a crime (in relation to electronic
means of payment).
Thus, information technologies that contribute to the
hidden theft of someone's property are tools and
devices that allow you to secretly acquire someone's
property or provide access to information necessary
for its acquisition.
When studying the legislation of foreign countries, we
can see that the fourth part of article 188 of the
Criminal Code of the Republic of Kazakhstan[10] for
theft committed by unauthorized access to an
information system or by changing information
transmitted over telecommunications networks,
article 177.2. .3-1 of the Criminal Code of the Republic of
Azerbaijan for theft committed using information
carriers or information technologies and the first part
of article 158 of the Criminal Code of the Russian
Federation, paragraph "d", establishes criminal liability
for theft committed using bank accounts, as well as
electronic means of payment (in the absence of signs
of a crime provided for in article 159.3 of this Code).
Volume 03 Issue 11-2023
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International Journal Of Law And Criminology
(ISSN
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VOLUME
03
ISSUE
11
Pages:
53-60
SJIF
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5.
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)
(2023:
6.
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
Due to the use of information processing tools as the
main instrument of crime, the possibility of
embezzlement of funds is created. For example, a
group of individuals conspired to steal funds by
secretly entering information obtained illegally using a
copy of real computer data about bank card details.
The technical instrument of the crime was a device
designed to obtain computer data from a bank card
[11]. In the example given, information about bank card
details was a means of accessing transactions with
property, and the technical device into which this
information was copied was a means of information
processing.
Electronic payment instruments, including contactless
payment cards and electronic wallets, occupy a special
place in this group of means of theft, as well as
technologies for carrying out currency transactions
(for example, electronic signatures, blockchain
technology, etc.) require special attention.
According to article 34 of the Law of the Republic of
Uzbekistan "On Payments and Payment Systems" No.
LRU-578 dated 01.11.2019, a bank card or other
electronic device containing information and allowing
the payer to make a payment, as well as allowing other
transactions stipulated by the agreement between the
payer and the bank the issuer of an electronic means of
payment is considered an electronic means of payment
[12].
The most common means of theft committed using
information technology is computer software. In
addition to computer software, computer, mobile
services and applications, it can also refer to universal
means of theft committed using information
technology systems. For example, most of the theft of
other people's property using information technology
is carried out using payment systems and services. In
particular, this method is typical for such forms of theft
as fraud, embezzlement and theft. This method: 1)
sending a payment order and using an electronic
signature; 2) Theft by sending information (in the form
of an SMS message) about the transfer of funds using
the services "Mobile Banking", "Internet Banking".
The use of certain types of devices and other means of
committing a crime may characterize certain types of
this type of theft. For example, the use of a computer
virus as a form of illegal computer software and actions
through unauthorized access to the system
characterize theft. The commission of theft by a person
responsible for the disposal of property using utility
computer programs is typical for the crime of
misappropriation or embezzlement using information
technology.
Since the theft of someone's property committed with
the help of information technology can take the form
of theft, fraud and embezzlement, the signs of this
method of theft also include signs of methods of
traditional forms of theft of someone's property, and
this should be taken into account in the investigation
process. The method of plundering someone's
property with the help of information technology can
be supplemented with such traditional signs as theft,
fraud, abuse of trust, forgery.
The traditional method of fraud according to article 168
of the Criminal Code of the Republic of Uzbekistan is
deception and the use of information technology to
steal someone's property using various means: the
Internet, e-mail, various instant messaging programs
(messengers) to commit theft.
In our opinion, unlike the traditional form of fraud, this
type of fraud, committed by deception using
information technology, has a special element
–
a
means of fraud, that is, information technologies that
Volume 03 Issue 11-2023
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International Journal Of Law And Criminology
(ISSN
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VOLUME
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Pages:
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SJIF
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Publisher:
Oscar Publishing Services
Servi
differ from traditional oral and written means of
committing fraud.
Some researchers attribute deception to a method of
fraud committed using information technology,
"conscious, illegal, unauthorized" use or violation of
information [13], but, in our opinion, it is advisable that
these actions of the criminal be qualified taking into
account the consequences specified in Articles 168,
278² of the Criminal Code of the Republic of
Uzbekistan, and not the concept of deception.
The Ukrainian [14] Criminal Code, Part Three of Article
190 establishes criminal liability measures for fraud
committed by causing large-scale damage or by
committing illegal actions (operations) with electronic
computers, the Criminal Code of the Russian
Federation [15] for fraud committed using electronic
means of payment under Article 159.3, the Criminal
Law (Code) Latvia [16] Article 177_1 defines criminal
liability measures for fraud in automated data
processing systems.
Deception as a method of fraud committed with the
use of information technology is a psychological
impact of the suspect in the form of a deliberate offer
to the victim of false information with the help of
information technology, which is perceived as the
truth. Deception committed with the help of
information technology means establishing a direct or
indirect remote connection between the suspect and
the victim. This remote method of fraud using
information
technology
consists
in
virtual
communication between the suspect and the victim
through special technical devices and software as a
means of communication.
In accordance with the resolution of the Plenum of the
Supreme Court of the Republic of Uzbekistan No. 17
dated June 23, 2023, according to article 168 of the
Criminal Code, the commission of fraud using an
information system, including information technology
(paragraph "d" of article 168 of part three of the
Criminal Code), is understood to be theft carried out by
deception manipulating the property of financial,
banking institutions funds, etc. with the help of
computer equipment, communications, tablet or other
similar technical devices. Such fraud can be committed
by changing the information processed in the
computer system, stored on the appropriate media or
transmitted over data transmission networks, as well
as by entering false information into the computer
system.
Another way of fraud committed with the help of
information technology is the use of electronic means
of payment. The method of fraud involves the active
use of these means of payment, for example, a fake
electronic payment order, a contactless payment
method as a means of theft.
The method of fraud in mobile networks can also refer
to a subtype of the method of fraud in the field of
computer data, if there are no signs of the use of
electronic means of payment. This fraud is sometimes
called "hacker fraud" in the legal literature[17].
However, this name is applied to fraud committed
using computer technology, software and special
hacking skills.
In addition to the described methods, there may be
other independent types of fraud methods using
information technology: the use of an electronic
document containing deliberately false information,
the misuse of an electronic signature, the use of a
malicious computer program.
The traditional method of appropriation and
embezzlement with the help of information
Volume 03 Issue 11-2023
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International Journal Of Law And Criminology
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VOLUME
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Pages:
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SJIF
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Publisher:
Oscar Publishing Services
Servi
technology makes it possible to distinguish the looting
of someone's property from other types.
Firstly, the assignment or distribution is carried out by
the person to whom the property is entrusted on the
basis of a civil contract, an official or official position
that provides the appropriate authority to manage,
dispose of the entrusted property.
Secondly, the difference lies in the purpose of using
information technology. For example, the use of an
electronic document with changes made by a suspect
during theft or embezzlement is a disguise,
concealment of access to property and the very act of
committing this type of theft.
CONCLUSION
In conclusion, we can say that a group of interrelated
elements of the mechanism of theft of other people's
property using information technology can be called
the actions of the suspect, the criminal means used by
him and the method of committing this group of
crimes. Actions carried out with the help of technical
and software tools, information objects, individual
actions or a set of actions in the field of computer data
and other actions create a way of stealing someone's
property using information technology. Taking into
account the peculiarities of the forms of theft of other
people's property, the methods of theft of other
people's property using information technology are
divided into theft, fraud, embezzlement and methods
of embezzlement.
These signs describe some types of theft of someone's
property, each of them is divided into separate types
depending on the additional features of a certain
method, while such signs as committing actions in the
field of computer data using software products and
software are theft of someone's property using
information technology. These signs describe some
types of theft of someone's property, each of them is
divided into separate types depending on the
additional features of a certain method, while such
signs as committing actions in the field of computer
data using software are theft of someone's property
using information technology.
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