CONTROVERSIES RELATED TO THE CRIMINAL LIABILITY FOR THE MANIPULATION OF AN EVENT AND THE ARRANGED BETS COMMITTED IN CYBERSPACE

Gheorghe RENIȚĂ Universitatea de Stat din Moldova

Аннотация

In the present scientific paper, we start from the premise that the cyberspace represents a favourable environment for committing some offences, including the manipulation of an event and the arranged bets provided by articles 2421 and 2422 of the Criminal Code of the Republic of Moldova. Thus, it is highlighted that the perpetrator may, for various reasons, choose to send messages (or make calls) from a device connected to the Internet to encourage, influence or train a participant in a sporting event (which, at the same time, can also be a betting event) to take action that would have a vicious effect on the event in question in order to obtain goods, services, privileges or advantages in any form whatsoever, which is not for himself or for another person. Also, the person who knows with certainty that there is an agreement about cheating on a betting event may be informed by other information systems or electronic communications networks about other people in order to make them participate in this bet. Thanks to anonymity, the way the information is propagated etc., such a way can be especially used. On the other hand, it is shown that criminal liability for the offence of arranged bets can not be committed when the act is limited to merely redistributing in a cyberspace a post containing the information mentioned above and without wanting to determine other people to participate in the bet. It is insisted on distinguishing the act of presentation and dissemination in the virtual space of the advertisement regarding the bets and the money gains obtained as a result of the participation of the arranged betting offence. In addition, the features of online betting are highlighted. In particular, the equipment and software used to organize gambling through electronic communications networks must be mandatory on the territory of the Republic of Moldova. Likewise, the control system (server) of the gambling organizer must be located on the territory of the Republic of Moldova. Last but not least, there are analyzed the controversies concerning the determination of the time of consumption and the place where the offences in question were committed. 

Keywords: cyberspace, sports event, betting event, arranged bets, internet, computer systems, electronic communi-cation networks.