Parliament Enacts Law against Computer-Related Crimes focused on the general aspects of the Law against Computer-Related Crimes, which was enacted on October 30 2001. This update outlines 'crimes against IT systems' as defined by the law.

The following table details the various crimes, their elements and the applicable sanctions.

Crime
Conduct
Punishment
Improperly accessing IT systems Accessing, intercepting, interfering with or using private IT systems without permission. Imprisonment for between one and five years, plus a fine of between 10 and 50 tax units.(1)
Damaging or sabotaging IT systems
Intentionally damaging, modifying or performing any action that alters the functioning of an IT system, its components or the information stored therein.

Imprisonment for between four and eight years, plus a fine of between 400 and 800 tax units.
If the damage or sabotage involves a computer virus, punishment increases to imprisonment for between five and 10 years and a fine of between 500 and 1,000 tax units.

Possessing equipment for the purpose of sabotaging IT systems or providing the means to sabotage them Importing, manufacturing, distributing, selling or using equipment for the purpose of sabotaging IT systems, or offering or rendering services for this purpose. Imprisonment for between three and six years plus a fine of between 300 and 600 tax units.
Computer espionage Improperly obtaining or disclosing the information stored in IT systems and/or their components. Imprisonment for between three and six years, plus a fine of between 300 and 600 tax units.
Forging documentation Creating, modifying or deleting documents incorporated in IT systems or the information contained therein, or forging a new document. Imprisonment for between three and six years, plus a fine of between 300 and 600 units.

Endnotes

(1) Currently, each tax unit is equivalent to approximately $15.


For further information on this topic please contact Ira S Vergani at D'Empaire Reyna Bermudez Abogados by telephone (+58 212 264 6244) or by fax (+58 212 264 7543) or by email ([email protected]).