DELITOS INFORMÁTICOS-CASO DE ESTUDIO

Abstract

One of the most valuable assets in society is the information, an unquantifiable set of knowledge can be obtained of the same one, there for is demanding the fact of having a control on the own one. However, about the security part of the information, the variations to obtain it are too much; the methods with which the information can be acquired are relatively simple and almost any person might commit a crime having, changing and/or eliminating information without authorization of the owner of the same one, as well as breaking in people privacy. The IT crimes are variations of crimes already foreseen by the laws, however it is exactly this point the most relevant, since certain requirements are stipulated in a specific way in order that these are typified like such. Certainly the law is very clear in this aspect, nevertheless with lack of any element the impositions are not covered and it cannot be typified as such; this gap should be caused to modify the law, considering not only to include the computers as criminal means, but without losing of sight before mentioned, bearing in mind that the above mentioned specifications must not refer to particularities of the equipments in question. Reflecting over the evolutionary phenomenon of the postmodern society, bearing the influence in mind that the implementation of the TIC's in the daily and professional activities of the individuals, would turn out to be possible to explain this new field of action (the one of the information systems) as a course of possibilities in order that the individuals realize an endless number of activities under the premises of the globality, the innovation, the speed and the efficiency. Those premises can focus on the supposed technological IX premeditation that relapses into the desire to improve the quality of life of all the individuals, into all the society. Principally this thesis will approach the legislation in Mexico and more thoroughly the specifications that must be contemplated with the Federal Code of Penal Procedures, in order to have an outlook of the existence importance on having linked the technology with the legislation nowadays. The IT crimes cannot be an activity that surrenders to the temporary caprice that lives day after day through the society and that is in constant growth; consequently, it is necessary to aspire to the most effective and wide creation of a law. Mexico cannot remain in case of suffering consequences in order to have results, the jurisprudence must help to have a better legislation as for legal emptinesses, even so it turns out complicated that there are resolutions without before exists a law that regulates them. It is not possible to continue becoming attached to typical figures that do not solve a specific problematics, since from the formation of the law, it is possible to estimate if these figures will be effective in order to reach a correct relation between the members of the society.