He identity theft crime It is a problem that more and more people in Spain are facing 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 impersonation tool allows you to gain benefits and resources.
This is one of the main security issues faced by some users of email services.
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 of obtaining information.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
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 him 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 its popularity on the networks. The number of people who have reported the identity theft crime It 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 robbery crime of identity in Titles X, XI and XII.
He identity theft crime It must be explained with different nuances, since the law does not establish a uniform regulation. The main drawback is what to do in the event 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 you can create false profiles to commit crimes as threats, scams, insults, slander, etc. All 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 that is carried out 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 the resources and benefits in legal traffic pretending to be the impersonated person.
On the Internet, identity theft crime cases can be classified according to their characteristics. This will allow you to see what kind of legal punishment or sanction corresponds to the perpetrator of the 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 remove it.
not considered offense replace name only of a person if it does not include a picture. If the victim's data, such as a photo, is used, the right to the image itself is violated.
These elements are exposed by article 18 of the Spanish Constitution.
If accessed for parody, you are 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 the service of that user, the identity theft crime. The techniques can be numerous, such as stealing a password or breaking into computer systems.
Penalties applied in the crime of identity theft
Faced with the crime of impersonation by parody, the Penal Code establishes a prison sentence of 6 months to 3 years. The Spanish regulations It claims that security in legal relationships is not affected.
For it to be committed identity theft crime the intention in which the culprit falls must be studied. This will occur when certain 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 on behalf of the victim.
In these situations the crimes were committed by parody will be prosecuted for their commission. The jurisprudence indicates that, if the identity theft is not carried out in detriment of parody, the defendant will be acquitted.
For a to happen crime of usurpation, the person committing the crime must use the identity of a real person. If the parody is fictional 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 ends.
Defamation can lead to a smear campaign for financial gain. is looking for the usurper's benefit or another person paying for a financial advantage.
Cyber fraud is the theft of bank account passwords in order to appropriate money. The perpetrator may impersonate another person in order to fake credit cards.
It covers the purchase of items or products on the victim's account, or to obtain a mortgage or loan. You can commit the crime of identity theft to obtain telephone lines and generate a debt that is registered in a registry.
When you access illegally to personal profiles by stealing passwords for the disclosure of private images. The objective of the action being to discredit, the crime of disclosure of secrets is committed.
This action constitutes a media damage crime, 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.
Cyber terrorism consists of installing spyware to get information financial or personal This involves researching a competitor's industrial product in order to sell it to another company and receive money.
There are different types of identity theft, depending on the means 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, the double could register in some services, accumulate debts in the name of the victim.