The crimes committed on the internet It is a situation that continues to grow exponentially, according to the Ministry of the Interior. The percentage of Internet crimes in Spain is 33% with more than 200,000 Internet crimes.
Creating a proportional weight on the cybercrime, specifically in Internet fraud, which is 85.1% of the cases. The second most common cases are threats and coercion with 11,154 cases.
The police officers point out that when the volume of fraud is small, victims do not report it.
The increase in crimes committed on the internet is Spain
The rise of these crimes is linked to their high economic profitability and the low cost of the equipment to commit them. The National Strategy to Fight Organized Crime warns about these cyber entrepreneurs.
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These are cybercriminals who sell their services to organized criminal groups. They offer products such as lists of credit card numbers with their passwords to loot bank accounts.
This new reality gave rise to new criminal figures that until their appearance were non-existent for the legislative order.
The need arose for the legal system adapted to this need and social reality. The objective has been to incorporate substantial and relevant changes, through the establishment of new methods.
It has been a challenge to create from scratch new types of criminals as specific and autonomous figures under the crimes committed on the internet.
The culmination of this adaptation process is in the penal code reform after organic law 1/2015.
These reforms have been prompted on several occasions by European regulations such as Decision 2005/222. There is a concise focus on the computer intrusion crimes, data interception and cybercrime related to intellectual property.
The feature applies to the crimes committed on the internet that occur in articles 197 ter, quat, quinquies. This includes the so-called computer intrusion crime in article 197 to paragraph 1.
These advances include the crime of capturing computer data transmissions, if they are not public, in article 197. The second adoption represents a great novelty that the legislature followed after the great reform of 2015.
Crimes committed on the internet from the perspective of the articles
In 197 bis there is the crime of computer intrusion where access or facilitation of access is sanctioned. To all or part of an information system, violating security measures and without being duly authorized.
Some doctrines opt for privacy as the protected asset according to the Spanish jurisprudence. Others understand that what is protected is the security of computer systems.
The 2015 reform focuses on that person who, by any means or procedure, violates security measures. Which are established to avoid it and without being duly authorized or accessing a information system.
With due understanding that it is maintained against the will of those who have the legitimate right to exclude it. Said person will be punished with imprisonment freedom from six months to two years.
Simple access will be penalized even if the data has not been consulted. As for the security measures, it will be necessary to be in the state of the art, of the appropriate uses or customs.
As an asset of the fact, although it can be carried out by anyone, in practice it is carried out by an expert. The substantial element is the use of information technology with advanced computer skills.
In these aforementioned cases, the code stipulates a prison sentence of between six months and two years. The penalties will depend to a large extent on the facts that make up the crimes committed on the internet.
The use of transmission in crimes committed on the Internet
When talking about interception of computer data transmissions, article 197 bis is the most appropriate. The legislator wanted to classify as a crime the interception of non-public transmissions of computer data.
There is the precept that whoever, through the use of devices, intercepts communications will be punished. This includes technical instruments, and without due transmission authorization non-public computer data.
The article includes his electromagnetic emissions to be punished with a prison sentence of three months to two years. The extended aggregate of crimes committed on the internet involves a fine of three to twelve months.
When talking about the protected legal asset, it is understood as the security of computer systems. Where will the limitation of data transmission computer only.
being new crimes committed on the internet it lacks ad hoc jurisprudence. Being necessary a doctrine that better outlines the typology of all the crimes that are being developed on the internet.
Given this, it is understood the production or facilitation of third parties to carry out the aforementioned crimes. Article 197 has penalized conduct related to the production or provision of instruments to third parties.
In this element the practice of the planned offenses in the first two paragraphs of article 197. It is established that the one who without being authorized produces or facilitates tools registered by third parties.
This means a sanction with penalty deprivation of liberty from six months to two years. The implication constitutes a fine of three to eighteen months.
Facilitation of the tools to commit crimes on the Internet
Seeking the object of facilitating the practice of any of the crimes committed on the internet. The reference made is directed to paragraphs 1 and 2 of article 197 bis.
The article talks about the Computer programs, primarily designed or adapted for the commission of such offences. The element of a computer password that allows access to all or part of an information system is important.
The aggravated subtype of crimes committed on the internet is to act within a criminal organization. Article 197 quater describes that if the crimes
They were committed in a criminal group, the highest penalties will be applied.
From the perspective of the responsibility of the legal person, according to article 197 quinquies. The assumption of responsibility is included when it is responsible for the crimes committed on the internet.
These will be contemplated in articles 197, 197 bis and 197 ter, a fine of six months from two years will be imposed.
Not only the reproduction, plagiarism, distribution, public communication or any other practice of literary works is sanctioned. It includes the facilitation of access to these contents through links or for profit.
Threats are part of the crimes committed on the internet, according to art. 169. Being carried out or disseminated by any means of communication, such as slander and insults in article 205.
Article 248 talks about the computer fraud, 263 mentioned computer sabotage. The other articles refer to child prostitution (article 187).
In jurisprudence, the scope of crimes committed on the internet it grows every time. As a method to prevent the extension and propagation of crimes in Spain.