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

Abstract

Abstract:In this research, a practical theoretical analysis is carried out, in light of the new Comprehensive Organic Penal Code, of the computer crime and electronic crime scenarios. The place of the events in the crimes of illicit appropriation by computer means is a virtual scene where the point or place of origin of the attacks, the use of computers or computer servers for the purpose of perpetrating the crime, and the accounts of the bank customers as the target of attacks. Likewise, in crimes committed by attacking electronic channels, devices known as skimmers are installed. These devices copy the data and information of customers when they use their debit or credit cards, later falsifying the user's electronic identity and cloning their card to withdraw funds from their account. This research describes and evaluates the best methods and strategies for constructing a Case Theory; factual, evidentiary and legal scheme that allows effective litigation, both for the defense attorney (public or private) and the Prosecutor's Office, in matters of computer and electronic crimes.