GP&H Suite


GP&H Suite

20 Oct

Cybercrimes foreseen and sanctioned in the Mexican Legal System


The Internet is the most used technological tool today and the largest source of information consultation, which has caused a large number of illegal activities to be carried out through this medium, being connected to the Internet, people are exposed to activities by unauthorized third parties without authorization, since most of these electronic devices being connected to the Internet can carry out different activities through them: banking operations, publication of information through social networks, sending emails, among many others.

In Mexico, starting in 1999, a federal criminal law reform related to computer crimes was published in the Official Gazette of the Federation, which included within its legal framework different criminal figures that protect the information contained in computer systems and equipment. However, this arrangement has been overcome due to the growth in the use of information technologies.

Therefore, in Gloria Ponce de León & Hernández we present you the computer crimes sanctioned by law:

Federal Criminal Code

The Federal Criminal Code includes, among others, the crimes of Disclosure of Secrets, Illegal access to computer equipment and systems, and Copyright crimes.

The crime of disclosure of secrets is typified when to the detriment of someone, without fair cause and without consent, any secret, communication, information or images are revealed, disclosed or used, which have been known or received on the occasion of a job, even for being a public official or employee.

While illicit access to computer systems and equipment is classified as conduct that can be considered as computer hacking; They consist of the modification, destruction, provocation to losing information, knowing or copying information that is contained in protected computer systems or equipment.

On the other hand, it is provided that it constitutes a crime against Copyright, the manufacture for profit of a device or system which purpose is to deactivate the electronic protection devices of a computer program; criminal type that can be considered as computer cracking.

Besides, article 426 provides that the manufacture, import, sale or lease of devices or systems that decrypt encrypted satellite signals are constituted as illegal in terms of Copyrights.

Another ordinance in which the protection of legal assets is analyzed, against information technology and its advances, is the Federal Law against Organized Crime, which establishes sanctions that may be applied to those who participate in the intervention of private communications and to those who, with the occasion of their employment, position or public, reveal or misuse the information or images obtained in the course of an intervention of private communications

The National Security Law establishes that the personal data granted to an instance by public servants, as well as those provided to the Mexican State to determine or prevent a threat to National Security, are confidential government information, that is, that the authorities, personnel of National Security bodies and public servants who work in the bodies that make up the National Security Council or the National Security and Research Center, must keep secrecy and confidentiality regarding the information they know or have access to.

In the financial field, article 112 Bis of the Credit Institutions Law is the one who regulates and mentions the following crimes, whoever alters the means of electronic identification and accesses the electromagnetic equipment of the banking system and who obtains or misuses the information on clients or operations of the banking system, the Law provides that public servants of the National Banking and Securities Commission, officials or employees of the credit institution will be sanctioned to alter or modify records with the purpose of hiding facts that may constitute crime.

Criminal Code for the Federal District (CDMX)

The Article 336 of the New Criminal Code of the Federal District, relative to the Production, Printing, Alienation, Distribution, Alteration or Falsification of Bearer Securities, Public Credit Documents or Exchange Vouchers, who access the electromagnetic equipment of the issuing institutions of cards, titles or documents for the payment of goods and services or for the disposition of cash who acquires, uses or possesses electromagnetic or electronic equipment to subtract the information contained in the tape or magnetic strip of cards, titles or documents, for the payment of goods or services or for the disposal of cash, as well as whoever possesses or uses the stolen information, in this way; and whoever misuses confidential or reserved information of the institution or person who is legally empowered.

On the other hand, article 355 of the New Criminal Code, to the electoral official that alters, issues, substitutes, destroys or misuses public electoral documents or computerized official files or those related to the corresponding voter registry.

Criminal Code of the State of Nuevo León

Article 242 Bis of the Penal Code for the State of Nuevo León, relative to the Forgery of Bearer Securities, Public Credit Documents and related to Credit, such as the alteration of credit or debit cards and the information contained therein , check formats or documents used for the payment of goods and services or for the disposal of cash, the alteration of electronic identification means, that the electromagnetic equipment of the issuing institutions is improperly accessed, the imposition of penalties is also foreseen, to who misuses confidential or reserved information of the institutions.

Furthermore, in the Penal Code for the State of Nuevo León, it is equated with theft and is punished as such, in terms of Article 365, the material seizure of documents containing computer data, or the exploitation or use of said data.

Regarding crimes by electronic means, those who improperly access an automated data processing or transmission system are punished; who unduly deletes or modifies data contained or its operation of the system.

Javier Estrada

Gloria Ponce de León & Henández

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