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 ownership' as defined by the law.
The following table details the various crimes, their elements and the applicable sanctions.
| Crime | Conduct | Punishment |
| Theft | Accessing, intercepting, interfering with, manipulating or using IT or communication systems to appropriate goods or take them from their owners for economic benefit. | Imprisonment for between two and six years, plus a fine of between 200 and 600 tax units.(1) |
| Fraud | Inserting false or fraudulent instructions in a system, its components or data or information contained therein, thereby allowing an individual to obtain an unfair benefit in detriment to a third party. | Imprisonment for between three and seven years, plus a fine of between 300 and 700 tax units. |
| Inappropriately obtaining goods or services | Using a third party's smart card or analogous instrument to obtain or pay for goods or services without authorization. | Imprisonment for between two and six years, plus a fine of between 200 and 600 tax units. |
| Fraudulently handling smart cards or analogous instruments | Creating, capturing, recording, copying, altering, duplicating or deleting data or information stored on a smart card or analogous instrument. | Imprisonment for between five and 10 years, plus a fine of between 500 and 1,000 tax units. |
| Misappropriating goods or services | Appropriating lost, stolen or mistakenly delivered smart cards or analogous instruments for the purposes of selling, using or transferring them to somebody other than the authorized user. | Imprisonment for between one and five years, plus a fine of between 10 and 50 tax units. |
| Falsely delivering goods or services | Unduly obtaining, retaining, falsifying, altering or delivering monies, goods or services through a smart card or analogous instrument in the knowledge that the card has expired or been revoked. | Imprisonment for between two and six years, plus a fine of between 200 and 600 tax units. |
| Possessing equipment for the purpose of falsifying | Receiving, acquiring, possessing, transferring, selling, distributing or controlling any equipment that can be used to (i) fabricate smart cards or analogous instruments, or (ii) capture, record, copy or transmit the information or data contained in such cards, without permission. | Imprisonment for between three and six years, plus a fine of between 300 and 600 tax units. |
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]).
Endnotes
(1) Currently, each tax unit is equivalent to approximately $12.50.