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Main cybercrimes carried out by telematic means

Criminal Law
Main cybercrimes carried out by telematic means
Cybercrime is the generic term used to refer to all illicit activity carried out mainly through the Internet through the use of technological or telematic instruments such as computers, smartphones or other portable devices.

Currently, cybercrimes by telematic means have proliferated, especially in the era of teleworking and the decrees of states of emergency and health due to the pandemic by covid19, cyber criminals have used all kinds of tricks for the purposes of do their thing by taking advantage of the vulnerability of some systems that were not in tune with the reality of teleworking or distance business relationships. We do not want to say in this Analysis that cybercrimes are something new, but simply to verify which are the cybercrimes that have increased due to digitization due to the COVID-19 pandemic.

Our legislation based on Convention No. 185, of the Council of Europe, on Cybercrime or as it is known (Budapest Convention) made in 2010 an adaptation of the criminal code to the typologies of cybercrime. The Budapest Convention is an international agreement to combat transnational organized crime, specifically cybercrime, whose objective is to establish common criminal legislation and procedures among its States Parties.

What kinds of cybercrime are there?
According to the criminal lawyers of Forcam Abogados, in consideration of the emergence of cyber threats and the specificity of new crimes, this international instrument provides its own classification, organized into four main crimes:
  • Crimes against the confidentiality, integrity and availability of data and computer systems;
  • Cybercrime;
  • Content-related offenses (such as offenses related to child pornography); Y
  • Crimes related to infringements of intellectual property. 
The reform of the Penal Code in 2010, already provided for the introduction into the Penal Code of a new offense to punish computer fraud committed through credit cards and, in line with the provisions of Framework Decision 2005/222 / JAI, relative to attacks against information systems, new rules to punish illicit access to a computer system (hacking) and computer damage.

Hawking or Unlawful Access and Interception

Article 197 CP punishes, with imprisonment from 6 months to two years, "whoever, by any means or procedure and violating the security measures established to prevent it, access without authorization to data or computer programs contained in a computer system or in part of it or is kept within it against the will of whoever has the legitimate right to exclude it.

Computer damage

In art. 264.1 CP, is punishable by imprisonment from 6 months to 2 years for those who "by any means, without authorization and in a serious manner erase, damage, deteriorate, alter, suppress, or make unavailable data, computer programs or electronic documents of others, when the result produced was serious. 

In this type of crime, there are two types of crime, we observe a first type of crime punishes the damage of a computer system by "deleting, damaging, deteriorating, altering, suppressing or making computer data inaccessible", when it produces the effect of hindering the operation of the computer. system.

The second offense punishes computer sabotage committed through the conduct of "introduction" or "transmission" of computer data in a computer system.

Computer fraud according to art. 248.2 CP

Which could be compared to the traditional crime of fraud stipulated in art. 248.1 CP, however, "computer fraud" is carried out by the person who obtains an act of asset disposition through a "logical" type of conduct, that is, through computer manipulation or other similar device, which occupies the instead of deception that leads a third party to error, incurring in what would be a malicious conduct.

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At Forcam Abogados we have offices in BarcelonaMadrid and Reus.