Conceptul informatiei in doctrina si legislatia penala a Romaniei si a Republicii Moldova - The Concept of Information as Reflected in the Penal Doctrine and the Lesgislation of Romania and of the Republic of Moldova

Flavius-Vasile Onofrei
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Flavius-Vasile Onofrei: Doctorand, Universitatea de Stat din Moldova, Facultatea de Drept, Catedra Drept penal si Criminologie

Jurnalul de Studii Juridice, 2010, vol. 1-2, 87-94

Abstract: The English word was apparently derived from the Latin accusative form (informationem) of the nominative (informatio): this noun is in its turn derived from the verb "informare" (to inform) in the sense of "to give form to the mind", "to discipline", "instruct", "teach": Inform itself comes (via French) from the Latin verb informare, to give form to, to form an idea of. Furthermore, Latin itself already contained the word informatio meaning concept or idea, but the extent to which this may have influenced the development of the word information in English is unclear. So, in the limits of this scientific research author tried to establish the legal concept of the information, its importance and role in civil and criminal relationships. This investigation is performed in the base of Romanian and Moldavian criminal legislation, both of them being submitted to an attentive examination. Also, the criminal doctrine existed in this sphere was analysed. At the same time, there were determined the basic categories of the information which can constitute the object of legal relationships.Also, there are examined different points of view regarding the legal status of information, especially its recognition in form of the material estate. As a result of such investigation the author considers that the information in itself cannot be recognized as a material good and, consecutively, it cannot be identified with the document or other material supporter which contains this information. So, the author’s position corresponds with the common use definition of information. The concept of information is closely related to notions of constraint, communication, control, data, form, instruction, knowledge, meaning, mental stimulus, pattern, perception, and representation. In its most restricted technical meaning, information is an ordered sequence of symbols.

Keywords: Information; document; material suporter of the information; cyber crimes; crimes against secret information; categories of information; representation (search for similar items in EconPapers)
JEL-codes: A23 K40 (search for similar items in EconPapers)
Date: 2010
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