Convenio de Budapest sobre ciberdelitos
Author | Diego Fernández,Gustavo P. Giay |
Published date | 18 April 2017 |
Date | 18 April 2017 |
Law Firm | Marval O'Farrell Mairal |
Recientemente, el Poder Ejecutivo presentó ante el Senado un proyecto de ley (el “Proyecto”) que aprueba el Convenio sobre la Ciberdelincuencia del Consejo de Europa (ETS No. 185), adoptado en Budapest, Hungría (el “Convenio”).
El Convenio fue aprobado en 2001 y es el único acuerdo internacional sobre delitos informáticos y obtención de evidencia digital. Pese a haber sido ideado en el marco del Consejo de Europa, la participación se encuentra abierta a todos los países. En la actualidad, el Convenio ha sido ratificado por 54 naciones, incluyendo Estados Unidos, Gran Bretaña, Japón, Francia, Canadá y Alemania.
Su objetivo central es la elaboración de una política penal común para proteger a las sociedades del ciberdelito. En este sentido, el Convenio contiene disposiciones relacionadas con el derecho penal material y prevé tipos penales, por ejemplo, la estafa informática y las violaciones a la seguridad de los sistemas. Asimismo, el incluye aspectos procesales acerca de cómo obtener evidencia en entornos digitales y disposiciones de cooperación internacional.
Cabe destacar que, en 2008, la Argentina sancionó la Ley de Delitos Informáticos No. 26.338, e incorporó una serie de delitos al Código Penal, tomando como...
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