What is a Crime?
According to the Federal Penal Code, the Crime is:
“An act or omission sanctioned by criminal law.“
What is a cybercrime or computer crime?
Computers, smartphones, software, etc., are used in the commission of these crimes, such as the forgery of documents through a computer or the destruction of information contained in a computer.
Computer crime is the illicit act in which Information and Communication Technologies are used as a means or as an end to carry them out, such as computer, electronic, technological resources, Internet, among others.
Who commits computer crimes?
The Penal Code for the state of Sinaloa provides that a person commits a computer crime who intentionally and without right:
- Use or enter a database, computer system, or computer network for the purpose of damaging, executing, or altering a scheme, in order to defraud, obtain money, property, or information. Between business and consumer (B2C known as such in English)
- Intercepts, interferes, receives, uses, alters, damages or destroys a software or computer program or the data contained therein, in the base, system or network.
What are the computer crimes provided for in Mexican criminal law?
We will mention below some crimes typified in the Federal Criminal Code and in the criminal codes of the federal entities:
- Disclosure of secrets and illicit access to computer systems and equipment
- sexual harassment
- Alteration or manipulation of electronic identification means
- Crimes against the indemnity of privacy of sexual information
- Copyright offenses
- telephone hoax
- Forgery of titles
- Pornography
- Identity fraud
- Crime equal to robbery
In which special legislations are foreseen computer crimes?
Some computer crimes are provided for in the laws mentioned below:
- Credit Institutions Law
- Insurance and Bond Institutions Law
- Law of the marketc of values
- General Law of Securities and Credit Operations
- Federal Law on Protection of Personal Data Held by Private Parties
What is the crime of disclosure of secrets?
The Federal Penal Code also sanctions whoever reveals, discloses or uses improperly or to the detriment of another, information or images obtained in a private communication intervention.
In accordance with the Federal Penal Code, the crime of revealing secrets is committed by a person who, without just cause, to the detriment of someone and without the consent of the person who may be harmed, reveals a secret or reserved communication that he or she knows by reason of his or her employment, position or put.
What is the crime of illegal access to computer systems and equipment?
Criminal legislation refers to the fact that computer systems or equipment can be owned by individuals, the State or institutions that make up the financial system; and those who commit these crimes can be public servants, employees or officers of the institutions that make up the financial system.
According to the Federal Penal Code, the crime of illicit access to computer systems and equipment is committed by whoever, whether or not authorized to access them, accesses, and modifies, copies, destroys or causes the loss of information contained in those systems. or computer equipment.
What is the crime against the indemnity of privacy of sexual information?
This crime is committed by the person who makes use of information technology, broadcasting, telecommunications, or any other means of data transmission to request images, audios or videos of explicit sexual activities, acts of sexual connotation or encounters of a sexual nature to a minor or who does not have the capacity to understand or resist the meaning of the fact.
The Federal Penal Code provides that the crime against the indemnity of privacy of sexual information refers to the communication of sexual content with persons under eighteen years of age or persons who do not have the capacity to understand the meaning of the fact or who do not have the capacity to resist it.
Is it considered a crime to affect a computer program or software?
The Federal Penal Code classifies as a crime in terms of copyright, the conduct consisting of manufacturing for profit, a device or system to deactivate the electronic protection devices of a computer program.
