Autor: István LÁSZLÓ GÁL

Publicat în: Journal Of Eastern European Criminal Law no. 1/2018

Revistă disponibilăaici.

Abstract: It is not an easy task to prove beyond reasonable doubt the commitment of espionage with the help of the toolbox of criminal law. Until now, in the Hungarian legal practice only such cases happened when the perpetrator gave classified information to the foreign organization (as well). Nowadays we have to count with national security risks arising from forwarding information collected, classified, analysed and concluded through opened sources (such as Internet, national and local mediums) that can be available for foreign powers or organisations (counter-interested secret services). The question arose during a criminal procedure whether such action can be classified as criminal act of espionage according to the Criminal Code, or going further: can it be a crime according to Hungarian criminal law? This article aims to answer this question.

Keywords: crime; OSINT; spy; espionage; criminal law.