El Salvador
Press Release

Deputies propose to reform Law on Computer and Related Crimes

Bnamericas Published: Thursday, September 02, 2021

Press release

By Legislative Assembly of El Salvador

The issue of digital security and cyber crimes is gaining momentum in the context of global technological development, in view of this reality, the deputies of the Commission for Public Safety and Combating Drug Trafficking are studying reforms to the Law of Computer and Related Crimes, the which dates from the year 2016.

To hear proposals, the commission received the cybersecurity expert and consultant for international organizations, Víctor Rodríguez, who referred to the importance of incorporating three areas of law development into current regulations.

"The prevention of relevant events in relation to information security, the processing of behaviors (computer crimes), how to materialize the prevention of attacks and how to deduce criminal responsibilities by virtue of these criminal acts," explained the expert.

Rodríguez proposed an increase in the sentences for those who commit the three criminal types regulated in the legislation: computer fraud, computer fraud and theft by computer means.

He also explained that the law regulates grooming (sexual harassment by digital means), but that it must go a step further and include the request, exchange and transmission of information with children, of audios, photos and videos with sexual content.

On this issue, he explained that sexual extortion is not regulated in the Special Law against the Crime of Extortion. “When there is already an exchange of sexual images, the victim begins to be blackmailed to maintain the relationship and, if he does not, threatens to publish the content on networks. Then, it could be face-to-face activity, that is, violation of an incapable minor, ”he said.

He added that the reforms made to this law must be accompanied by amendments to the Criminal Procedure Code, to speak of digital evidence that allows those responsible for computer crimes to be convicted.

"The Criminal Procedure Code dates from 2011 and there is no clear regulation, Article 201 does not regulate procedures in the prosecution to establish criminal responsibilities," he said.

In this regard, the deputy for New Ideas, Walter Coto, stated: “El Salvador does not have up-to-date legal mechanisms in accordance with digital security requirements. The law is changing, new behaviors are generated that have to be classified in order for them to become crimes ”.

The legislators invited the population that has been a victim of computer crimes to make their complaints to the email commission.seguridadpublica@gob.sv.

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