Criminal Code, Offences Against the Security of Computer Data
Krivicni zakonik (Criminal Code), Official Gazette RS No. 85/2005 et seq., Arts. 298-304a
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force since 1 January 2006.
A computer misuse rule binding public and private bodies.
As of 6 September 2026.
What it requires
- Do not access a computer, computer network, or electronic data processing system by circumventing a protection measure, without authorisation.
- Do not use, record, or further distribute data obtained by circumventing a protection measure without authorisation.
- Do not delete, alter, damage, or conceal computer data or a program without authorisation.
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Unauthorised access under Art. 302(1) carries a fine or imprisonment up to six months, rising to up to two years for using the data obtained (Art. 302(2)) and up to five years for a hold-up, serious malfunction, or other grave consequence (Art. 302(3)).
What it reaches
Obligation class
Access restriction
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Article 302 punishes whoever, by circumventing protection measures, accesses a computer, computer network, or electronic data processing without authorisation, with a fine or imprisonment up to six months, rising to up to two years for using data obtained that way, and up to five years where the offence causes a hold-up or serious malfunction.
Article 298 separately punishes unauthorised deletion, alteration, damage or concealment of computer data or a program, and Article 304a punishes producing, procuring, or distributing devices or access codes designed for committing an offence under Arts. 298 to 303. Because Article 302's offence is triggered by circumventing a protection measure, reading a public, unauthenticated page without defeating any access control falls outside a plain reading of the provision.
The consolidated Criminal Code, per the WIPO Lex record's own metadata, entered into force on 1 January 2006; the chapter has since been carried through further gazetted amendments up to 94/2016.
When LexLint raises it
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