He identity theft crime It is a problem that more and more people in Spain face with the networks. The rise of the digital age has caused hackers have more ways to impersonate others.
He identity theft crime It consists of the action whose objective is to appropriate the identity of another person. This tool of impersonating another person allows you to obtain benefits and resources.
This is one of the main security issues that some users of email services face.
The crime of identity theft as an element in the new era
The social networks They are not far behind, Twitter and Facebook are the most used means to obtain information.
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He identity theft crime is a malicious activity that involves impersonating another person for a variety of reasons. These include committing fraud or obtaining data illegally.
Cyberbullying and gaining the trust of a minor in order to sexually abuse them are the most common. The most typical of identity theft crime is the creation of a fake social media profile.
Any identity of an anonymous user runs the risk of being falsified, regardless of their popularity on the networks. The number of people who have reported the identity theft crime has increased exponentially in recent years.
The crime of identity theft has consequences, some of which may even be criminal. The Penal Code includes the crime of identity theft in Titles X, XI and XII.
He identity theft crime It must be explained with different nuances, since the law does not establish uniform regulation. The main issue is what to do in case of a phishing scam.
Where they prevail sanctions or penalties according to each individual. In each particular case, the action taken by the offender and the damage caused are evaluated.
The use of the Internet and 2.0 media for the crime of identity theft
On the Internet, false profiles can be created to commit crimes such as threats, scams, insults, slander, etc. All of these crimes are classified in the Spanish Penal Code, whose penalties will depend on the measures adopted.
The sanctions and penalties will depend on the type of action taken for identity theft. The crime impersonation identity is stipulated in article 401.
The article develops the identity theft crime as an act by which a person appropriates identity. Usurping resources and benefits in legal traffic by pretending to be the impersonated person.
On the Internet, cases of identity theft crime can be classified according to their characteristics. This will allow you to see what type of punishment or legal sanction It is the perpetrator's identity.
When the imitation consists of the creation of a false profile in which no personal information is added. In these cases the only legal action is to notify the case to the social network involved so you can delete it.
It is not considered crime replace name only of a person if it does not include an image. If the victim's data is used, such as a photo, the right to one's own image is violated.
These elements are set out in article 18 of the Spanish Constitution.
If you access it to parody, you will be breaking the law by crossing the privacy barrier of the person. The attacker will commit a crime of discovery and disclosure of secrets.
When using any non-legal technique to access that user's service, the identity theft crime. The techniques can be numerous, such as stealing a password or entering computer systems.
Penalties that apply to the crime of identity theft
For the crime of identity theft by parody, the Penal Code establishes a prison sentence of 6 months to 3 years. The Spanish regulations It aims to ensure that security in legal relationships is not affected.
In order for the identity theft crime The intention of the culprit must be studied. This will occur when some circumstances established in Spanish law occur.
If the objective is to obtain a service, and that is why you use the signature of documents on behalf of the usurped person. When you need to obtain money and make loans or credits in the name of the victim.
In these situations, the crimes were committed by parody will be prosecuted for their commission. Case law indicates that, if the identity theft is not carried out in detriment of parody, the accused will be acquitted.
For a crime of usurpation, the person committing the crime must use the identity of a real person. If the parody is fictitious or fabricated, it would not be a crime.
Identity theft crime and its types
In the commission of identity theft crime, it is normal for the perpetrator to commit multiple types of crimes to achieve his or her goals.
Defamation can lead to a smear campaign for financial gain. Looking for the profit of the usurper or another person paying for an economic advantage.
Cyber fraud is the theft of bank account passwords in order to steal money. The perpetrator may impersonate another person in order to counterfeit credit cards.
It covers the purchase of items or products on the victim's account, or to obtain a mortgage or loan. You may commit the crime of identity theft to obtain telephone lines and generate a debt that is recorded in a registry.
When you access illegally to personal profiles by stealing passwords for the disclosure of private images. Since the objective of the action is to discredit, the crime of divulging secrets is committed.
This action constitutes a crime of damage to media, networks or information systems. The threat and extortion can be carried out by the usurper when the material has an economic interest for the criminal.
Cyberterrorism consists of installing spyware to get information financial or personal. This involves researching an industrial product from a competitor to sell it to another company and receive money.
There are different types of identity theft, depending on the medium used for it. Being one of the most common, the loss or theft of the DNI is an open path to identity theft.
He Identity Theft through DNI can have very negative consequences for the victim. With this, twice as many could register in some services, accumulate debts in the name of the victim.