Teoría del Caso de los delitos que afectan a las instituciones del sistema financiero, cometidos a través de medios informáticos y electrónicos

Abstract

The present research carries out a theoretical/practical analysis of cybercrime and electronic crime; analysis based on the new Ecuadorian “Integral Penalty Law Code”. These felonies of misappropriation take place in a virtual environment, where the following elements are considered as important: the place where the attacks are originated, the use of computers or computer servers to perform the crime, and the bank accounts which are targets of these attacks. Likewise, in felonies achieved by attacking electronic devices, criminals use a gadget known as the “skimmer”. This gadget copies the clients’ information when a credit or debit card is used. Subsequently, the criminals clone these cards and then falsify the electronic identity of the users in order to withdraw funds from their accounts. This research describes and evaluates the best methods and strategies to ensemble a Case Theory; a factual, probative and legal scheme that allows both the attorney (public or private) and the prosecutor, to litigate efficiently on cybercrimes and electronic crimes.