Law / Afghanistan

Penal Code, Part Twelve, Chapter One (Cyber Crimes and Punishment)

Penal Code of Afghanistan (2017), Part Twelve, Chapter One (Cyber Crimes and Punishment), arts. 851-859

In force since .

A computer misuse rule binding public and private bodies.

Obligation class
Access restriction

What it requires

  • Do not access a computer, program, or data belonging to someone else without authorization; the Penal Code's wording carries no exception for a public, unauthenticated page, and no reported case construes the term.NIST AI RMFMAP 4.1
  • Do not alter, damage, destroy, disrupt, or otherwise interfere with a computer system, program, or data without authorization, including by installing a virus, hijacking a network connection, or forging or deceptively accessing a computer system.no control in the NIST AI RMF
  • Do not disclose a password, access code, or other means of access to a program, computer system, or data without authorization.no control in the NIST AI RMF
  • Do not produce, supply, distribute, or obtain software or a password intended for use in one of these offenses.no control in the NIST AI RMF

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
NIST AI 600-1
OWASP LLM Top 10
OWASP Agentic Top 10
  • ASI03Identity and Privilege Abuse
MIT mitigations Draft
  • 2.1Model & Infrastructure Security
  • 3.2Data Governance
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.

Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Private right of actionNo

Criminal exposure note

Article 852(1)'s unauthorized-access offense alone is punished by short imprisonment with no cash-fine alternative; Articles 853, 854, 856, 857, 858, and 859 each carry medium imprisonment or a cash fine of 60,000 to 300,000 Afghanis; Article 855's disclosure offense carries a cash fine equal to twice the benefit gained or loss inflicted.

Penalty structure

Cash-fine cap under Arts. 853, 854, 856, 857, 858, and 859 (unauthorized changes, destruction, hijacking, malware creation, forgery, and deception), each of which carries medium imprisonment as an alternative to the fine. Art. 852's own unauthorized-access offense is punished by imprisonment alone, with no monetary cap, and Art. 855's disclosure offense carries a cash fine equal to twice the benefit gained or loss inflicted rather than this fixed cap.

Rule
Fixed only
As of
Currency
AFN
Fixed cap
300,000

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 851 defines a cybercrime as a crime committed through modern information technology, electronic communications, or the internet in cyberspace.

Article 852 punishes a person who accesses a computer, program, or data of a computer system belonging to someone else without authorization with short imprisonment, with an additional penalty where the access causes physical, non-physical, or financial damage; the article states no requirement that the offender circumvent a security measure to gain access.

Articles 853, 854, 856, 857, 858, and 859 each punish, with medium imprisonment or a cash fine of 60,000 to 300,000 Afghanis, unauthorized alteration of a computer system's functionality (including installing a virus or unauthorized hacking of network traffic), unauthorized destruction of a computer system, program, or data, unauthorized hijacking that prevents data transmission, producing or supplying software or a password for use in one of these offenses, electronic forgery of a computer's original setting, and electronic deception to access a computer system, program, or data.

Article 855 separately punishes disclosing a password, access code, or other means of access to a program, computer system, or data without authorization, with a cash fine equal to twice the benefit gained or loss inflicted. Article 916 ties the Penal Code's entry into force to nine months after its publication in the Official Gazette. The Gazette published the Code as issue number 1260 on .

The Ministry of Justice's own chronological list of the Official Gazette records the Code as issue No. 1260, dated 1396/2/25 in the Afghan solar calendar, with the status in force and a commencement nine months after publication in the Official Gazette, and records an addition to Article 916 published in issue No. 1286.

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