Cybercrimes: fraud and special deceptions in the Argentine Penal Code

Abstract

The objective of this work is to reflect on cybercrimes and the so-called “virtual scams”, which are nothing more than fraud through computer means. This topic forces us to rethink the traditional dogmatic structures of criminal law, such as the theory of crime, the constituent elements of fraud, the function of legal property, as well as other issues related to computer crimes. In Argentine legislation, virtual scams are defined as deceptive maneuvers in which a computer system intervenes, in some way, in the fraud process. Given that the specific cases of fraud are incalculable, in part due to the constant technological advance that facilitates its commission, it is essential to analyze the crime of fraud (art. 172, CP) and special frauds, which include fraud through the use of a magnetic card or its data (art. 173, inc. 15, CP) and computer fraud (art. 173, inc. 16, CP).