Croatia

Croatia has ratified the Council of Europe Cybercrime Convention on October 17, 2002.

The law on the Convention on Cybercrime came into force July 1st 2004. New changes, in accordance with Convention, of the Penal Code came into force October 1st 2004

Damage to secrecy integrity and availability of computer data, programmes or systems (Article 223)

            (1) Whoever, despite protective measures and without authorisation accesses a computer system shall be punished by a fine or by imprisonment up to one year.

            (2) Whoever with an aim to disable or renders unusable work or use of computer data or programmes, a computer system or computer communication shall be punished with a fine or imprisonment up to three years.

            (3) Whoever without being authorised damages, alters, deletes, destroys or renders in any way unusable or unavailable other people’s computer data or programmes shall be punished by penalty from paragraph two of this article.

            (4) Whoever intercepts or records a non-public transmission of computer data towards the computer system, from with or within it, including electromagnetic emissions of the computer system that is transmitting this data that are not meant for him, or whoever introduces this data to an uninvited person shall be punished by penalty from paragraph two of this article.

            (5) If the criminal offence as stated in article 1., 2., 3. or 4. of this article is committed related to a computer data, programme or a government authority system, public institution or a company of special public interest, or if significant damage was caused, the perpetrator shall be punished by imprisonment from three months to five years.

            (6) Whoever without authorisation produces, purchases, imports, distributes, sells, owns, or makes available special devices, means, computer data or programmes made or adjusted for perpetrating the criminal offence as stated in paragraphs 1., 2., 3. or 4.of this article shall be punished by a fine or imprisonment up to three years.

            (7) Special devices, means, computer data or programmes made, used or adjusted for perpetrating criminal offences, that were used to commit the criminal offences as stated in paragraphs 1., 2., 3. or 4.of this article shall be forfeited.

            (8) The attempt of the criminal offence referred to in paragraphs 1., 2., 3. or 4.of this article is punishable