A/67/167
system, or the electromagnetic emissions from a computer system that
transmits them, shall be liable to a term of imprisonment of between thirty-six
(36) and seventy-two (72) months.
• Computer damage: Anyone who, without being authorized to do so, destroys,
damages, erases, spoils, alters or deletes computer data, or a data processing
system or its parts or logical components, shall be liable to a term of
imprisonment of between forty-eight (48) and ninety-six (96) months and a
fine of between 100 and 1,000 times the current minimum statutory monthly
wage.
• Malicious software use: Anyone who, without being authorized to do so,
produces, traffics, acquires, distributes, sells or sends, or brings into or takes
out of the country, malicious software or other harmful computer programmes,
shall be liable to a term of imprisonment of between forty-eight (48) and
ninety-six (96) months and a fine of between 100 and 1,000 times the current
minimum statutory monthly wage.
• Violation of personal data: Anyone who, without being authorized to do so, for
their own benefit or that of a third party, obtains, compiles, extracts, offers,
sells, exchanges, sends, buys, intercepts, discloses, modifies or uses personal
codes, personal data contained in files, archives, databases or similar mediums,
shall be liable to a term of imprisonment of between forty-eight (48) and
ninety-six (96) months and a fine of between 100 and 1,000 times the current
minimum statutory monthly wage.
• Website forgery in order to capture personal data: Anyone who, with criminal
intent and without authorization to do so, designs, develops, traffics, sells,
executes, programmes or sends web pages, links or pop-ups, shall be liable to
a term of imprisonment of between forty-eight (48) and ninety-six (96) months
and a fine of between 100 and 1,000 times the current minimum statutory
monthly wage, provided that the action does not constitute an offence
punishable by a heavier penalty.
The second chapter stipulates the following:
• Theft using computers or similar means: Anyone who, having bypassed
computer security measures, engages in the conduct set out in article 239 on
manipulating a computer system, an electronic, telematic or other similar
network, or impersonating a user for established authentification and
authorization systems, shall be liable to the penalties prescribed in article 240
of the Criminal Code, namely, terms of imprisonment of between three (3) and
eight (8) years.
• Transfer of assets without consent: Anyone who, for profit and using a
computer or similar device, makes a transfer without consent of any asset to
the detriment of a third party, provided that the action does not constitute an
offence punishable by a heavier penalty, shall be liable to a term of
imprisonment of between forty-eight (48) and one hundred and twenty (120)
months and a fine of between 200 and 1,500 times the current minimum
statutory monthly wage. The same penalty shall be imposed on anyone who
programmes, downloads, possesses or provides computer software for the
purpose of committing the crime described above, or fraud.
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