The Crime of Developing and Trading in Hacking Tools in the Management of Financial Security in the Republic of Poland
Purpose: The purpose of this paper is to analyze the crime of creating, acquiring, selling, and sharing hacking tools, as defined in Article 269b of the Penal Code, in the context of financial security management in the Republic of Poland. Particular attention is paid to the importance of this regulation for protecting the financial sector's IT systems and mitigating threats arising from the use of IT tools to commit cybercrime. The issue of dual-use tools, which can be used for both criminal activity and legitimate cybersecurity activities, is also analyzed. Design/Methodology/Approach: The study primarily employs a formal-dogmatic approach, encompassing the analysis of criminal law provisions, particularly Article 269b of the Penal Code and related regulations. A theoretical-legal approach was also employed, analyzing commentaries on the Penal Code, scholarly articles, monographs, and other studies on cybercrime, information security, and the financial security of the state. Findings: The analysis revealed that Article 269b of the Penal Code is a significant element of the criminal law. It plays an important preventive role, enabling cybercrime prevention already at the stage of developing tools for compromising the security of IT systems. This regulation is also important for protecting the financial security of the Republic of Poland, as hacking tools can be used to attack banking systems, payment systems, and other elements of the financial infrastructure. At the same time, interpretation problems were identified regarding the scope of the concept of a tool adapted for committing a crime and the distinction between criminal activity and legal security research. Practical implications: The results indicate the need to further improve the practice of applying Article 269b of the Penal Code, strengthen cooperation between law enforcement agencies and the financial sector, and develop mechanisms for exchanging information on cyber threats. It is also important to ensure appropriate conditions for legal security tests and vulnerability studies of IT systems. Originality/Value: The value of this article lies in combining the criminal law analysis of Article 269b of the Penal Code with the perspective of managing the state's financial security. This approach allows us to view the provision not only as an instrument for combating cybercrime, but also as an element of the system for protecting the stability and resilience of the financial sector.