On Wednesday, November 7th, a bill from the Executive that would modify legislation on computer-oriented crime, and which would bring Chile into line with the Budapest Convention (Exp. 12192), was formally introduced to Congress. Among the seven new cybercrimes spelled out, of particular interest are those relating to computer fraud and the misuse of devices. Penalties include prison sentences of up to 61 years. The bill is now in the hands of the Senate´s Public Security Committee. To read its content, click here.
The bill would bring Chilean regulation into line with the Budapest Convention. It would amend Law 20.393 on the criminal liability of legal persons in money laundering, financing of terrorism and bribery offences. Among the new crimes, two are especially noteworthy:
- Computer Fraud. Applicable to anyone who defrauds another for the purpose of obtaining an illicit economic benefit for himself or a third party, using the information contained in a computer system or taking advantage of the alteration, damage or suppression of electronic documents.
- Misuse of Devices. Applicable to those who use devices that alter the integrity of computer data, disturb computer systems, allow illicit access and unlawful interception, or what is described in Article 5 of the Law on Loss or Theft of Payment Cards.
The bill includes stiff penalties for the new crimes, with offenders facing jail sentences of up to 61 years. It also paves the way to new special investigative techniques, such as undercover agents, the use of informants, and the interception of communications.