Resumo

RINCON ARTEAGA, Jaime Andrés et al. Cybercrime in Colombia: how efficient has the Computer Crime Law been?. Rev. Crim. [online]. 2022, vol.64, n.3, pp.95-116.  Epub 20-Mar-2023. ISSN 1794-3108.  https://doi.org/10.47741/17943108.368.

This paper is focused on determining which variables affect the incentives that criminals have when committing cybercrime, and identify whether the current legislation is designed taking into account the criminalization of behaviors and the tools of the entities in charge of catching criminals. It seeks to understand the main factors that encourage cybercrime in the country, taking into account the context of cybercrime for 2019 in Colombia, and with it, the behavior of cybercriminals in the pre-pandemic. With Law 1273 of 2019, in charge of criminalizing computer crimes in Colombia, the reported data of computer crimes will be reviewed and compared with the cases and indicators of qualified theft crimes, in order to determine the relationship of these two crimes, which are relevant for the entities and have been internalized by the police entities in their study and anti-crime fight for a long time. Once the efficiency of the entities empowered in the fight against cybercrime has been theoretically defined, a function of economic benefits of cybercrime adapted to the Colombian case is proposed, determining the variables that best explain this function. At the end of this academic exercise, through a sensitivity analysis, it is pointed out which aspects of public policy should be considered as a priority, taking into account the economic incentives for cybercriminals and the effectiveness of Law 1273 of 2009.

Palavras-chave : Computer crime; computer related crime; public policy; computer security; Qualified theft; benefit function; cybercrime.

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