CATHOLIC TECHNOLOGICAL UNIVERSITY OF CIBAO

UCATECI
LAW SCHOOL – PESA

SCOPE OF LAW 53-07 IN FACE OF THE EVOLUTION OF

THE
CRIMES AND HIGH TECHNOLOGY OFFENSES, IN THE
LA VEGA COURT OF INSTRUCTION. REPUBLIC
DOMINICAN, JUNE 2014-JULY 2015.

SUPPORTED BY:
Luis Manuel Rodríguez Acosta Mat. 98-4001
Elvin Rolando Peralta Montero Mat. 92-0833

SUBJECT
Thesis Draft

ADVISOR:
Licda. Angelita Duran

April 2015
La Vega, Dominican Republic
 INDEX
CATHOLIC TECHNOLOGICAL UNIVERSITY OF CIBAO..........................................1
UCATECI.............................................................................................................................1
SCOPE OF LAW 53-07 IN FACE OF THE EVOLUTION OF THE CRIMES AND
HIGH TECHNOLOGY OFFENSES, IN THE LA VEGA COURT OF INSTRUCTION.
REPUBLIC...........................................................................................................................1
DOMINICAN, JUNE 2014-JULY 2015..............................................................................1
Chapter IV: Data Support and Analysis...........................................................................3
Chapter V: Conclusions and Recommendations..............................................................3
INTRODUCTION............................................................................................................4
CHAPTER I: DELIMITATION OF THE INVESTIGATION.......................................5
1.1 Background:...........................................................................................................5
1.2 Context...................................................................................................................7
1.2.1 The Dominican Republic...................................................................................7
1.2.2 Description of the Province of La Vega:............................................................8
1.2.3 trial court............................................................................................................9
1.2.4 Investigative Court of the Judicial District of La Vega...................................10
Other Competencies........................................................................................................11
1.3 Problem Statement....................................................................................................12
1.4Objectives:.................................................................................................................14
1.4.1 General objective.............................................................................................14
1.4.2 Specific objectives...........................................................................................14
1.5 Justification..........................................................................................................15
1.6 Definition of Terms..................................................................................................20
2.1.3 Crime on the Internet.......................................................................................27
2.1.4 Subjects of computer crime..............................................................................28
2.1.6 Object of Law 53-07........................................................................................29
2.2 Crimes and Offenses not contemplated in Law 53-07.........................................29
2.2.1 Cyberbullying...................................................................................................30
2.2.3 Cybercasing (Cyber-Tracking).........................................................................31
2.2.4 Wi-Puncturing..................................................................................................31
2.2.5 Privacy of Personal Data..................................................................................31
2.2.6 The Security of the Digital Person...................................................................32
2.3 Update of the Law Application Regulation 53-07...............................................32
2.3.1 Computer Crime Law and the Controversy with its Regulations....................33

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 2.3.2 What is not contemplated by the Regulations of Law 53-07...........................33
CHAPTER III METHODOLOGY................................................................................34
3.1 Universe and Population......................................................................................35
3.2 Sample Size Determination.................................................................................35
3.3 Sample Element Selection Techniques................................................................35
3.4 Design of the investigation..................................................................................35
3.4.1 Design Type.....................................................................................................36
3.4.2 Kind of investigation........................................................................................36
3.4.3 Research Focus.................................................................................................37
3.5 Research Scope....................................................................................................37
3.6 Instruments Used.................................................................................................37
3.7 Instrument Validation..........................................................................................38
3.8 Data Collection....................................................................................................39
3.9 Data Analysis Method.........................................................................................40
3.10 Limitations of the Research.................................................................................40
BIBLIOGRAPHIC REFERENCES...............................................................................42
Legal Standards:.............................................................................................................43
Internet queries:..............................................................................................................43
3.7

Chapter IV: Data Support and Analysis

Chapter V: Conclusions and Recommendations

Schedule References Proposed Index 47

48
50

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 INTRODUCTION

In these last 30 years, humanity has experienced great advances in all spheres of
human knowledge. Advances in the computer and technological field have been many in
much of our world and the Dominican Republic has not escaped this reality. But these
advances brought with them new forms of crime for which our Dominican Penal Code, a
piece of legislation of Napoleonic origin, was not prepared, starting with the fact that this
code is subject to physical borders, which limit its scope, which is why it is ineffective to
confront criminals shielded in a virtual space, without political limits, and on the other
hand it did not provide sanctions or solutions, much less definitions regarding the new
modality of modern crime, the so-called "cybercrimes or computer crimes."
No one escapes the enormous influence that computing has had on the daily lives
of people and organizations, and the importance that its progress has for the development
of a country, in this case that of the Dominican Republic. Commercial transactions,
communication, industrial processes, research and security, among others, are all aspects
that depend more and more on the adequate development of information technology, but
these same advances and this dependence on technological advances in the field of
information and communication, they become easy targets for this new breed of
“cybercriminals”. Cybercrime is a global concern today. Many nations around the world
are changing their policies and legislation to adequately combat these crimes. The United
States is trying to recruit 10,000 elite "cyber warriors" to combat this pressing problem.

Computer Crimes are simply those crimes that have technological means as their
method or purpose, in a broader sense, called high-tech crimes. These involve criminal
and antisocial behavior that is carried out through electronic means in order to cause
physical, psychological, moral and/or economic harm to the victim or damage equipment,
computer networks and/or components of information systems.

Knowing this situation and, also knowing that technological advances do not stop,
it is necessary to review Law 53-07, which is the legal instrument that the Dominican
legislator has opted for, in order to provide an effective response to this type of criminal
behavior and as a consequence, protect the citizen exposed to such practices, it is
necessary to see what the current limitations of this law are, with the purpose of making
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recommendations that can readjust the scope of it so that citizens of the Dominican
Republic are completely protected by its Legal System.

Under the projected objectives and in accordance with the method imposed by the
Catholic Technological University of Cibao (UCATECI), it has been decided to divide
this research into five (5) chapters: the first will be dedicated to treating the delimitation
of the research, and in that sense they will be presented the background, the statement of
the problem, the objectives, both general and specific, as well as the justification of said
research, where the importance of the topic will also be raised. The Second Chapter offers
a theoretical framework that outlines all the theoretical elements of relevance, which
supports this research, the Third Chapter is dedicated to presenting the methodology used
to carry out this research.

On the other hand, the Fourth Chapter is presented, the presentation and analysis
of the data that will serve as a basis for supporting everything stated in the construction of
the theoretical framework, the theoretical basis for this study, and in the Fifth Chapter the
conclusions will be offered. which this investigation reached and the recommendations
derived from said conclusions.

The format and writing style of the research report is based on the standards of the
American Psychological Association (APA) for textual citations and bibliographic
references (Villar, 2010).

CHAPTER I:
DELIMITATION OF THE INVESTIGATION

1.1 Background:
Computer crimes in our country date back to 2003, when the Listín Diario website
suffered an attack, in which an image of the then President of the Republic, Hipólito
Mejía, was distorted. As a result, the authorities realized the lack of legislation that would
allow crimes linked to technology to be confronted. A series of institutions in charge of
ensuring citizen security began to work to create the legal bases for the effective
prosecution of cybercrimes or those better known today. such as crimes and high-tech
crimes.

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 After Brazil, the Dominican Republic is the second country in Latin America that
hosts the largest amount of malicious code in its web space to commit cybercrimes,
according to a report published by the Russian firm KasperskyLab, titled “Viral Panorama
of Latin America in 2013 and the forecasts for 2014”.

Bestuzhev, D. (2012), states that: “The web space of the Dominican Republic has
been used by cybercriminals to attack companies and adds that: The highest percentage of
victims resides in Mexico (33%) and Brazil (28%), while than in the Dominican Republic,
barely 1%, which reflects that the Dominican Republic is used as a bridge to affect other
nations” (Pp. 122-124).

In the thesis work “Analysis of Law 53-07 on High-Tech Crimes and Crimes in
the Dominican Republic”, presented by Pellerano, J. and Gauttier, C., at the Pedro
Henríquez Ureña National University, Year 2013, to opt for the degree of Bachelor of
Law, they stated in their conclusions interpreting what is established by Article 5 of Law
53-07 by saying: “The fact to disclose, generate, copy, record, capture, use, alter, traffic,
decode or in any way decipher access codes, information or similar mechanisms, through
which illicit access to an electronic or computer system can be achieved , telematic or
telecommunications, or its components, or falsifying any type of access device to it, is
sanctioned by this law, which gives a formal character to said crimes and through it
different investigation departments are created, such as : the Department of Investigation
of High-Tech Crimes and Crimes (DICAT), an entity subordinate to the Central
Directorate of Criminal Investigations of the National Police”

Marmolejos, N, and Escarramán, L. in his degree work “The Criminal

Responsibility of Minors in the Face of Cybercrime in the Dominican Republic”, Year
2013, to opt for the title of Bachelor of Law, presented at the Pontificia Universidad
Católica Madre y Maestra (PUCMMM), Santiago, R . D., in his justifications of the topic,
maintains that: “Because Law 53-07 is a very little-known law, it is somewhat impossible
to obtain any jurisprudence on the topic, because most cases are remedied between the
parties. , which reach an agreement to correct the fact committed, however, on a daily
basis the so-called Hackers carry out attacks on Dominican websites, consisting of
changing the "faces" of the pages, although the most serious attacks are banking ones,
where frauds are carried out, with the purpose of inserting or altering data based on which
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an individual fraudulently obtains money or goods to which he has no right, causing harm
to the victim, the majority of these cases are carried out by people who "They work or
worked internally in a financial institution."

Cepeda, J. and López, I., in his degree work “Law 53-07 against High-tech Crimes
and Crimes Legal Base of the Penal Code in the Dominican Republic”, Year 2014,
presented to opt for the title of Bachelor of Law, in the National Evangelical University,
(UNEV), Santiago, R. D., maintain in the Problem Statement that: “The problem is
extremely serious, the authorities have had to create laws in search of protecting societies,
departments that are only responsible for protecting us from cybercrimes. Currently we
have agreements, legislation, international cooperation, Law 53-07, which is in charge of
high-tech crimes, establishes the creation of several organizations, whose powers are to
prevent, pursue and punish these types of crimes. , as contemplated in article 30 of this
law, which orders the creation and composition of the international commission against
high-tech crimes and crimes (CICDAT).”

1.2 Context

The Dominican Republic has taken important steps towards modernity in terms of
having a modern and updated judicial environment, through its serious and deep
commitment to respect the Constitution, the laws and the independence of public powers
and constitutional bodies. ; as well as a full willingness to dialogue and openness with the
international community, consequently and in order to maintain that sense of modernity,
the laws in force in the country are constantly being reviewed with the intention that not
only the judicial apparatus of the Dominican Republic , but also that its laws are up to the
modernity that these times demand, so changing in its way of coexistence, which forces
the legislator to submit changes to the entire Judicial System, from its organizations to its
codes, as evidenced in the approval of Law 53-07 Against High-Tech Crimes and Crimes,
as well as its implementing regulations, through resolution No. 086-11 of the Dominican
Telecommunications Institute (INDOTEL), dated September 1, 2011.

1.2.1 The Dominican Republic

It is located in the Caribbean, between Cuba and Puerto Rico. It is bordered to the
north by the Atlantic Ocean, to the south by the Caribbean Sea, to the east by the Mona

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Channel and to the west by the Republic of Haiti. It has an area of 48,442 km2 and its
capital is Santo Domingo, it is made up of 31 provinces and a National District. The
official language is Spanish. The current currency is the Dominican peso. Its form of
government is the Democratic Republic. Currently the President is Lic. Danilo Medina
and the Vice President, the Lic. Margarita Cedeño de Fernández.
The Dominican Republic (DR) is a middle-income Caribbean country with a
population of 9,755,954 inhabitants. The population density is 182 inhabitants/km2. The
open unemployment rate is 14.3%. It has a poverty rate that is around 32%. The economy
depends greatly on tourism, exports from free zones and remittances from abroad.
Agriculture and livestock contribute about 12% of GDP and employ 13% of the
workforce. It is a free and sovereign country, focused on the sustainable development of
its people, its institutions and its resources, in a context framed by globalization and the
responsible interaction of its agents. It is a young nation. Discovered by the Spanish on
December 5, 1492, it was on February 27, 1844 when it declared its independence. Its
capital is the city of Santo Domingo, founded in the year 1496.
In 1966, the process of democratic consolidation and development of national
productive structures began, which have contributed to the political and economic
stability that the country currently enjoys. Since that date, eleven democratic electoral
processes have been carried out, alternating in power the three main political parties that
influence the nation's electoral arena, that is, the Dominican Revolutionary Party (PRD),
the Dominican Liberation Party ( PLD), which at the time of this investigation is the
governing party, the Social Christian Reformist Party (PRSC), and the Modern
Revolutionary Party (PRM) which has emerged as an emerging force in the current
electoral period.

1.2.2 Description of the Province of La Vega:

The province of La Vega is located in the central part of the Northern region of
the Dominican Republic. The limits that make it up are: to the north, Espaillat province;
to the east the provinces Sánchez Ramírez and Duarte; to the south the Monseñor Nouel
province; and to the west the province of Santiago. Politically, this is made up of the
Municipalities of La Vega, Constanza and Jarabacoa, plus the Municipal Districts of Jima
Abajo, Ranchito and Cutupú.

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 The Province of La Vega is made up of a humid tropical microclimate, which
originates from the influence of the trade winds that, when colliding with the relief of the
Isabel de Torres peak, leave all their humidity forming a humid zone, to which the
municipality of La Vega. The average annual temperature is 20 to 25 degrees Celsius. La
Vega is the third town after Santiago and San Cristóbal. According to the 1993 National
Population and Housing Census, from the National Statistics Office (ONE). It has a
population of 334,721 inhabitants; of which 126,190 occupy the urban area for 37.7% and
208,531 live in the rural area, for 62.3%.

1.2.3 trial court

Napoleon Bonaparte is credited with having said that “the most powerful man in
France is the Investigating Judge.” An assertion that had its basis in the French judicial
organization, where this official had extraordinary power that included investigative work
(going to places, interrogating witnesses and parties, etc.), about which he himself later
decided. That is to say: he was a Prosecutor and a Judge. (Arroyo, N., El Nuevo Diario,
October 29, 2013).
The Investigative Court is the institution that collects and documents all the data
that serves for prosecution, subsequent to the possibly criminal event and extends to the
adoption of precautionary measures, such as the provisional prohibition of the accused.
The Investigative Courts are served by professional Judges and hear in the first instance
the generality of criminal proceedings. These Courts are found in all provincial capitals
and important cities and in different numbers depending on the population.
The Investigative Court was created in 2001, by law 50-00, which modifies law
821 on Judicial organization. And the judges create resolution No. 1731-2005, which
establishes the regulations on coercive measures and holding of hearings during the
preparatory stage, under the CPP
This type of court is made up of a Chief Judge who is responsible for deciding
both administrative and jurisdictional matters, which the court under his charge has taken
over, pursuant to article 63 of the Code of Criminal Procedure.
And they present the following structure:: (a) Two assistant lawyers: Who are the support
of every Investigating Judge, working directly with the Judge, and deal with the various
jurisdictional or administrative requests made by the Court; (b) A Secretary: Who is in

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charge of the administrative functions of the Investigative Court, responsible for the
auxiliary personnel who work under their charge, with the help of the auxiliaries, is in
charge of following up on the files, so that they are are duly complete when arriving at
hearings; (c) Six assistants: Which are the personnel who work with the assignments
programmed by the secretary, always under the supervision of the judge. All assistants of
an Investigative Court are fully capable of assuming the work of another, who for the
reasons they must be absent, guaranteeing the development of the functions, even if the
designated person is not there to carry it out, who is Responsible for carrying out all tasks,
both secretarial and jurisdictional.
1.2.4 Investigative Court of the Judicial District of La Vega

It is an organ of the criminal jurisdiction that is competent, depending on the

matter, for the knowledge of certain offenses and the investigation of the cases whose
ruling corresponds to the criminal judge or the hearing, as well as the "habeas corpus"
procedures, among others.

Regarding the context of this investigation, the Investigative Court of the Judicial
District of La Vega is composed of two regular judges, a regular secretary, it functions in
one Chamber, the Criminal Court, and acts in two chambers, which They are located in
the courthouse of the city of La Vega, located on Ave. Federico García Godoy, among the
bird. Monseñor Panal, former 18 de Abril and Calle Gral. Antonio Duvergé.
Competence:

It will have permanent judicial control over the actions of the preparatory procedure;
resolve any case, procedure or proceeding that does not allow delay, that arises during the
trial stage and/or subsequent ones; In that order, it may dictate and protect matters related
to:

a) Coercive measures when the accused is deprived or restricted of his freedom;

b) Search warrants;

c) Arrest warrants;

d) Body interventions;

e) Telephone interceptions;

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f) Recordings of images or sounds;

g) Kidnapping of correspondence and objects and

h) resolve habeas corpus requests. Competition is not limiting.

Other Competencies

You will receive exclusively those judicial documents subject to peremptory deadlines,
such as:

a) Answer to the accusation;

b) Appeals against the decisions of the Investigative Judge;

c) Presentation of accusation and any other conclusive act;

d) Request for a conclusive act presented by the victim and the Public Ministry;

e) Opposition resources outside of hearing, appeal or cassation.

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1.3 Problem Statement

We have become increasingly dependent on the Internet and this makes us

vulnerable to being a victim of crimes against the information contained in computer
systems. The few tools necessary for protection generate new forms of crime, causing a
feeling of insecurity and the few existing legal means are wasted due to the lack of
complaints, motivated by the possible discredit they entail and the lack of knowledge that
there is a law in the country that typifies high-tech crime.

In the country's criminal law, computer crime was not classified as such, until the
promulgation of Law No. 53-07, of April 23, 2007, on High Technology Crimes and
Crimes in the Dominican Republic.
Citing Law 53-07, in its Title I, Section I, Art. 1, it says in its general objective
that:
“The purpose of this law is the comprehensive protection of systems that use
information and communication technologies and their content, as well as the
prevention and punishment of crimes committed against them or any of their
components or those committed through the use of said technologies. to the
detriment of natural or legal persons, in the terms provided in this law. The integrity
of the information systems and their components, the information or data that are
stored or transmitted through them, the commercial or any other transactions and
agreements that are carried out through them and the confidentiality of these , they
are all protected legal assets.”

In criminal terms and in accordance with the definition of “Crime”, which

establishes it as any activity that consists of killing, injuring or harming a person, or in
any action or thing that harms someone or something, (Cortés, G ., 2012, p. 66),
cybercrime, like more traditional criminal activities, can take many forms and occur
practically at any time and anywhere. Criminals who commit cybercrimes use very varied
methods, depending on their skills and objectives. This should not surprise anyone, after
all, cybercrime is nothing more than a "criminal" activity to which is added a "computer"
or "cyber" ingredient.

According to Symantec Corporation, which is an international corporation

dedicated to the development and marketing of computer software, particularly in the
domain of computer security, with its headquarters in Mountain View, California,
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cybercrime is defined as any crime committed in which has used a computer, network or
hardware device, understanding that the computer or device may be the agent, facilitator
or victim of the crime and that the crime may take place not only on the computer alone,
but also on other locations.

Cybercrimes have been divided into two general categories (Blank, L. 2014, p. 89),
called for the purposes of this investigation as Category I and Category II cybercrimes. It
is precisely Category II, which presents problems with the scope of Law 53-07, since
cyberbullying is not classified in it. , an activity that consists of mockery and harassment
with jokes and jokes in bad taste, and offenses by one person to another adult or not,
through the Internet or any other digital medium, and equally worrying is cyberbullying ,
a practice that affects tens of thousands of women in the Dominican Republic, who
receive permanent messages and insinuations through the Internet and electronic media,
without being able to take any type of legal action, since Law 53-07 does not sanction this
type of misconduct, which is additionally carried out subtly by pedophiles that can last
months and years establishing contact and trust with a boy or girl, pretending in some
cases to be a minor, using identity theft techniques with photos that do not belong to them
to gain the trust of their future victim, which makes it impossible to persecute, sanction
and mitigate these types of abhorrent practices that cause so much harm to adolescents,
boys and girls, men and women who are in Dominican territory, generating deep traumas.
and, in very sad cases, even suicides.

On the other hand, there is also the problem that the Dominican Republic does not
have the professionals trained to collaborate with the Attorney General's Office and the
National Police in the persecution of those who commit the crimes typified in Law 53-07,
since only the existence of a law that classifies the crime as such and a regulation that
regulates its application, but it also requires qualified personnel who knows said law, its
implications, its scope, its limitations, as well as the technology and its rapid progress, as
problems arise such as: The lack of records of Internet users who use places that offer
these public services, such as Internet cafes, restaurants, libraries and businesses that offer
WiFi connection, as a way to attract clients to their businesses, and that the lack of said
registry facilitates the commission of this type of crimes, without the possibility of
prevention, prosecution and effective punishment of the same since it limits, not only the

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scope, but also the effectiveness of the application of said Law.

The Dominican Republic has 46.6% of its population connected to the Internet
(approximately 4,643,393 users as of January 2014), according to a report from
INDOTEL, which implies that these Dominicans could be at risk if they are not
adequately alerted.

Given all of the above, the supporters raise the following questions:
1. What is the scope of Law 53-07 in the La Vega Investigative Court,
given the evolution of high-tech crimes and crimes?
2. Are there new crimes not contemplated in the current Law No. 53-07
on High Technology Crimes and Offenses?
3. Is the Regulation for the obtaining and preservation of data and
information by service providers really updated, in application of the
provisions of Law 53-07 on High Technology Crimes and Offenses?

1.4Objectives:

1.4.1 General objective

Determine the Scope of Law 53-07 regarding the Evolution of High-Tech Crimes and
Offenses, Investigative Court of La Vega, Dominican Republic, June 2014-July 2015.

1.4.2 Specific objectives

1. Analyze the scope of Law 53-07 in the La Vega Investigative Court, given
the evolution of high-tech crimes and crimes.
2. Establish the existence of new crimes not contemplated in the current Law
No. 53-07 on High Technology Crimes and Crimes.
3. Determine if the regulations for obtaining and preserving data and
information by service providers are really updated, in application of the
provisions of Law 53-07 on high-tech crimes and crimes.

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1.5 Justification
Computer crime is recognized as a new form of crime, however it has
accompanied computer users for more than seventy years with the creation of what is
known today as “computer viruses”, which are used in the vast majority of crimes
committed through computer means.

The information and knowledge society is constantly changing, linked to these are
technologies, and their use has become more widespread over time, making it currently
almost impossible to consider our world without computers or automated information
systems.

Therefore, this technological field is not immune to negative factors, hence the
emergence of so-called computer crimes is inherent, a product of the inventiveness of
human beings, who try to take advantage of the available means to obtain an individual
benefit and in some cases collective,

The application of Law 53-07 aims at the comprehensive protection of systems

that use information and communication technologies and their content, as well as the
prevention and punishment of crimes committed against them or any of their components
to the detriment of natural persons. or moral, but given the unstoppable advance of
science and technology, it is necessary to analyze whether said law is updated or, on the
contrary, it is limited in its scope, because it has been overwhelmed by said technological
advances, and types of crimes not contemplated in it are being carried out.

The authorities who ensure that they act in justice and effectively apply the law
are in a constant challenge, since this successful transformation of traditional crimes into
more modern ones through the Internet known as cybercrimes, have become a true
problem since they advance at the same speed with which information and
communication technologies (ICTs) advance, however criminal codes do not advance at
this same speed, which today constitutes a global concern, since this reality creates a
perfect gap for the commission of this type of crimes, without there being adequate
prevention, prosecution and punishment against them, hence the importance of this
investigation, which opens the doors towards inclusion in Law 53-07, of new forms of
crime through cyberspace, which are not contemplated in it, which will increase its scope
1
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and therefore its effectiveness.

“We must not lose sight of the fact that, perhaps, the written law cannot keep pace
with the rapid reality that is creating new threats, so from now on,…the human race will
have to introduce variations in its way of identifying and penalizing new aggressive,
mutating and challenging forms of crime of the legislative “status quo” (Vásquez, M.,
2014, p. 250)

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1.6 Operationalization of Variables
General Objective : Determine the Scope of Law 53-07 regarding the Evolution of High-Tech Crimes and Crimes, in the
Investigative Court of La Vega, Dominican Republic, May 2014-May 2015.

SPECIFIC OBJECTIVES VARIABLES DEFINITION OF VARIABLES INDICATORS QUESTIONS

Analyze the scope of Law 53-07 Law that deals with high-tech
Law 53-07 in the La crimes in the legal regime of the
Vega Investigative Dominican Republic.
■ Object of Law
Court, given the 53-07.
evolution of high-tech ■ Emergence of
crimes and crimes. Computer
Crime
■ Virus
Expansion
IT80's
■ Definitions of
Computer
Crime
■ Subjects of
Cybercrime
■ Scope of Law
53-07.
Establish the existence of Crimes and Offenses not New Modality of Crimes and High- ■ Cyberbullying
new crimes not contemplated in Law tech crimes, which due to their ■ Harassment
contemplated in the 53-07 novelty are not contemplated within Cyber
the regulatory framework of Law ■ Wi-Puncturing
53-07.

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current Law No. 53-07
on High Technology
Crimes and Crimes.
Determine if the Update of the Law Regulatory piece that constitutes the ■ Legal and
regulations for obtaining Application Regulation regulatory framework that is applied Regulatory
and preserving data and 53-07 throughout the national territory for
Framework General
information by service the purposes of the correct
Telecommunication
application of Law 53 07.
providers are really s Law is No. 153-98
updated, in application of ■ Electronic
the provisions of Law Commerce Law,
53-07 on high-tech Documents and
crimes and crimes. Digital Signatures
■ Industrial Property
Law No. 2000
■ Copyright Law No.
65-00
■ Law Against High
Technology Crimes
and Crimes No. 53-
07• Article 6.- Illicit
Access.
■ Special Case of
Article 19 • Article
19.- Use

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 Of Equipment For
Invasion Of
Privacy.
■ New Dominican
Penal Code
■ Law of Expression
and Dissemination
of Thought Law
6132

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 1.6 Definition of Terms

■ Illicit Access: The act of entering or the intention to enter without authorization, or
through the access of a third party, to an information system, whether or not remaining
in it.
■ Adware: An adware program is one that spreads advertising through banners, pop-ups,
etc. while it is working. Thanks to this advertising the application is subsidized.
■ Affect: Alter, cause anomalies in any of the operations to be carried out by a program,
software, system, work network, or the computer itself, preventing its normal use by the
user.
■ Backdoor: In computing, a backdoor or backdoor is a special sequence within the
programming code through which the programmer can access or escape from a program
in case of emergency or contingency in a problem.
■ Logic Bomb: Program that is installed on a computer and remains inactive, waiting for
a series of requirements or conditions to be met, such as: the user pressing a key or a
combination of specific keys, the system clock mark a certain time, etc.
■ Cloning: Duplication or exact reproduction of an electronic series, a number or
identification system of a device or a means of accessing a service.
■ Access Code: Information or password that authenticates an authorized user in an
information system, allowing private and protected access to said system.
■ Identification Code: Information, key or similar mechanism that identifies an
authorized user in an information system.
■ Malicious Code: Any program, document, message, instructions and/or sequence of
any of these, in any programming language, that is activated by inducing the user who
executes the program involuntarily and that is likely to cause some type of harm.
through the instructions with which it was programmed, without the permission or
knowledge of the user.
■ Computer: Any electronic device, regardless of its shape, size, capacity, technology,
capable of processing data and/or signals, that performs logical, arithmetic and memory
functions through the manipulation of electronic, optical, magnetic, electrochemical or
impulses. of any other nature, including all input, output, processing, storage, programs,
communication facilities or any other facilities that are connected, related or integrated

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 thereto.

■ Crimeware: The crimeware concept encompasses all those computer programs

designed to obtain economic benefits, through the commission of all types of online
crimes. Phishing, spam, adware, etc. are considered crimeware.
■ Cryptography: Branch of applied mathematics and computer science that deals with
the transformation of digital documents or data messages, from their original
presentation to an unintelligible and indecipherable representation that protects their
confidentiality and prevents the recovery of the information, document or message.
original, by unauthorized persons.
■ Any other information regarding the location of communications equipment, available
on the basis of a contract or service agreement.
■ Data Relating to Users: It will be understood as all information in the form of
computer data or any other form, that a service provider has and that is related to the
users of said services, excluding data on traffic or content, and that allows determining:
■ Data: It is any information that is transmitted, saved, recorded, processed, copied or
stored in an information system of any nature or in any of its components, such as those
whose purpose is the transmission, emission, storage, processing and reception of
electromagnetic signals, signs, signals, writings, still or moving images, video, voice,
sounds, data by optical, cellular, radio, electromagnetic systems or any other means
useful for such purposes.
■ High Technology Crime: Those behaviors that threaten the legal rights protected by
the Constitution, laws, decrees, regulations and resolutions related to information
systems. Electronic, computer, telematic, cybernetic and telecommunications crimes
will be understood to be included within this definition.
■ Diversion of Contracted Facilities: This occurs when high-capacity traffic
transmission facilities are contracted for private use and are subsequently used for
commercial purposes without the authorization of the service provider.
■ Diversion of Services: It occurs every time international facilities are irregularly
connected to the public switched network to terminate traffic.
■ Access Device: It is any card, plate, code, number, or other means or forms of access, to
a system or part of it, that can be used independently or in conjunction with other
devices, to gain access to an information system. or any of its components.

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■ Device: Object, article, piece, code, used to commit high-tech crimes.

■ Digital Document: It is information encoded in digital form on a logical or physical

medium, in which electronic, photolithographic, optical or similar methods are used,
which represent acts, facts or data.
■ The type of communications service used, the technical provisions adopted in this
regard and the service period.
■ Worm: Worms are programs with characteristics similar to those of viruses, although
unlike viruses, they are capable of making copies of themselves and spreading across
the network to infect other computers, without the intervention of a computer. user.
■ Hijacking: Hijacking is the name of computer techniques that are used to take over or
"hijack" web pages, internet connections, domains, IPs, etc.
■ Hoax: A hoax is an email message with misleading information, which aims to warn of
the appearance of new viruses, transmit urban legends or messages of solidarity, spread
shocking news, etc.
■ Interception: Seize, use, affect, stop, divert, edit or mutilate, in any way, a data or a
data transmission belonging to another natural or legal person, on its own account or on
behalf of another, to use in any way or to know its content, through an information
system or any of its components.
■ Internet: It is a system of computer networks linked together by a special common
worldwide communication protocol, which facilitates data communication services such
as Web content, remote registration, file transfer, electronic mail, newsgroups and
electronic commerce. , among others.
■ Keylogger: Program or device that records the key combinations pressed by users, and
stores them to obtain confidential data such as passwords, content of email messages,
etc. The stored information is usually published or sent over the Internet.
■ The identity, postal or geographical address and telephone number of the user, as well as
any other access number or billing and payment information that is available on the
basis of a contract or service provision agreement;
■ Malware: The term Malvare (English acronym for: "Malcious software") encompasses
all those "malicious" programs (Trojans, viruses, worms, etc.) that seek to obtain a
certain benefit, causing some type of damage to the computer system or to the user
thereof.

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■ Pharming: A type of online scam that uses the manipulation of DNS servers (Domine
Name Server) to redirect the name of a domain, usually visited by the user, to a web
page identical to the original, which has been created to obtain confidential data. of the
user, such as passwords, bank details, etc.
■ Phishing: Fraud traditionally committed over the Internet, which aims to obtain
confidential user data such as passwords or access codes to bank accounts. Numerous
versions of this crime are currently emerging, which use other types of means to achieve
the same ends. An example of the new phishing is SMiShing.
■ Child Pornography: Any representation, by any means, of children and adolescents
engaged in explicit sexual activities, real or simulated, or any representation of the
genital parts of children and adolescents for primarily sexual purposes. A boy or girl is
considered to be any person from birth to twelve years of age, inclusive, and an
adolescent is considered to be any person from thirteen years of age until reaching the
age of majority.

■ Computer Network: Interconnection between two or more computer systems or

between computer systems and remote terminals, including communication by
microwave, optical, electronic or any other means of communication, which allows the
exchange of files, transactions and data, in order to serve the information and data
processing needs of a community, organization or an individual.

■ Trigger Signal: Signal generated to a platform which returns the dial tone, either from
an information system or through an operator.
■ Without Authorization: Without legal, statutory, regulatory or any other power or
authority to possess, use or do something, without having legitimate power. This
includes the lack or total lack of authorization, express or tacit, and the transgression of
the limit of the authorization possessed.
■ Information System: Device or set of devices that use information and communication
technologies, as well as any high-tech system, including, but not limited to, electronic,
computer, telecommunications and telematic systems, which separately or jointly serve
to generate , send, receive, archive or process information, digital documents, data
messages, among others.

■ Telecommunications System: Set of related devices, connected or not, whose purpose

is the transmission, emission, storage, processing and reception of signals,

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 electromagnetic signals, signs, writings, still or moving images, video, voice, sounds,
data or information of any nature, by optical, cellular, radioelectric, electromagnetic
means or any other platform useful for such purposes. This concept includes fixed and
mobile telephone services, value-added services, cable television, space services,
satellite services and others.

■ Electronic System: Device or set of devices that use electrons in various media under
the action of electric and magnetic fields, such as semiconductors or transistors.
■ Computer System: Device or set of related devices, connected or not, that include
computers or other components such as input, output, transfer and storage mechanisms,
as well as data communication circuits and operating systems, programs and data, for
processing and automated data transmission.
■ Telematic System: System that combines telecommunications and computer systems as
a method to transmit information.
■ SMiShing: It is a variant of phishing, which uses messages to mobile phones, instead of
emails, to carry out the attack. The rest of the procedure is the same as that of phishing:
the fraudster impersonates the identity of a trusted entity to request the user to provide
their data, through another SMS or by accessing a falsified web page, identical to that of
the entity in question. .

■ Spear Phishing: Type of phishing in which, instead of sending mass emails, emails
with a greater degree of personalization are sent to specific recipients, making the
messages more credible than those of traditional phishing.
■ Spyware or Spy Program: It is a type of program whose objective is to collect user
information from the system on which it is installed. The data collected is usually
related to the user's browsing habits and is used for advertising purposes.
■ Active Subject: It is the one who intentionally violates or attempts to violate, by
action, omission or by mandate, any of the actions described in the law, (the
accomplices, who will be liable to be sentenced to the same penalty as the main
actor of the crimes. facts).
■ Passive Subject: Anyone who feels affected or threatened in any of their rights due
to the violation of the provisions of Law 53-07.
■ Electronic Fund Transfer (TEF): It is any transfer of funds initiated through an
electronic, computer or other device that orders, instructs or authorizes a depositary
or financial institution to transfer a certain sum to a specific account.
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 ■ Trojan: Executable program that appears to perform a specific task, to deceive the
user, in order to carry out actions such as controlling the computer equipment,
stealing confidential information, deleting data, downloading other types of
malware, etc.
■ User: Natural or legal person who legitimately acquires goods or services from
another.
■ Vishing: Fraud that pursues the same purpose as Phishing: obtaining confidential
user data, but through a different means: IP telephony. Vishing attacks usually occur
following two schemes:
— Sending emails, in which users are alerted about an issue related to their
bank accounts, so that they call the toll-free telephone number provided to
them.
— Using a program that makes automatic calls to phone numbers in a specific
area.
CHAPTER II
THEORETICAL FRAMEWORK
2.1 Emergence of Computer Crime

Currently, computers are used not only as auxiliary tools to support different human
activities, but as an effective means of obtaining and obtaining information, thus positioning
them as a new means of communication, conditioning their development to computing;
technology whose essence is summarized in the creation, processing, storage and
transmission of data. It has come to be argued that Computing is today a form of Social
Power (Pellerano, G. 2010, p. 56). The global progress of computers, the increasing
increase in storage and processing capabilities, the miniaturization of computer chips
installed in industrial products, the fusion of information processing with new
communication technologies, as well as research in the field of artificial intelligence,
exemplify the current development very generally defined as the “Information Age or the
Digital Age”.

Crime has found new strategies in technological media to advance its intentions,
taking advantage of vulnerabilities related to computer technologies and common failures of
organizational processes. The use of computing is sometimes essential and even convenient.

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However, along with the unquestionable advantages it presents, some negative facets arise,
such as, for example, what is already known as “Computer Crime”.

It could be said that Computer Crimes arose before Computer Science existed, as
and how they are conceived today. This is what it is stated (Cortés, G., 2012), since the
appearance of computer viruses in 1984, this situation has worsened with the advent and
rise of the Internet.

In 1983, the Organization for Economic Cooperation and Development (OECD)

began a study of the possibilities of applying and harmonizing criminal laws internationally
in order to combat the problem of computer software abuse.

In 1992, the International Association of Criminal Law, during the colloquium held
in Würzburg (Germany), adopted various recommendations regarding computer crimes,
among them that, to the extent that Criminal Law is not sufficient, the modification of the
definition should be promoted. of existing crimes or the creation of new ones, if the
adoption of other measures such as the "principle of subsidiarity" is not enough.

Regarding the situation in the Dominican Republic, the emergence of the first news
of the development of computer crimes abroad, at the beginning of the eighties; It gave rise
to the vision of a new reality regarding the use of computers, as a new and fresh means to
commit certain crimes and offenses that were neither established nor typified in the
country's criminal regulations.

The formula that would combine, albeit momentarily, the entire range of situations
that could arise in this sense, was the elaboration and promulgation of a new Law that
would directly incriminate and penalize this phenomenon, since in Dominican Criminal
Law, it was not computer crime is classified as such. This is why and by virtue of the
principle of legality in criminal matters "NULLA PAEAN SINE LEGE PRAEVIA; that is,
there is no crime without a prior Law, there is no crime without Law, in 1988 the first draft
Law of the Dominican Republic entitled "Of Crimes and Computer Crimes" which at the
time and if approved, would have made the Rep. Dominican in one of the first countries in
the world to have legislation on the subject.

2.1.2 Definition of Computer Crime

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 There is a lot of talk about cybercrime, but what exactly is it? The simplest answer
is that "it's very complicated."

Cybercrime involves criminal activities that countries have tried to frame in typical
figures of a traditional nature, such as theft, theft, fraud, forgery, damage, scams, sabotage.
However, it should be noted that the use of computer techniques has created new
possibilities for the misuse of computers, which has created the need for regulation by law.

It is considered that there is no formal and universal definition of computer crime

but concepts have been formulated in response to specific national realities, according to
(Isa, S., 2010) "….it is not an easy task to give a concept on computer crimes, due to that its
very name alludes to a very special situation, since to talk about crimes in the sense of
typical actions, that is, classified or contemplated in criminal legal texts, it is required that
the expression computer crimes be recorded in the criminal codes, which "In our country, as
in many others, they have not yet been subject to classification."

Consequently, like traditional criminal activities, cybercrime can take many forms
and occur virtually anytime and anywhere. Criminals who commit cybercrimes use very
varied methods, depending on their skills and objectives. This should not surprise anyone:
after all, cybercrime is nothing more than a "criminal" activity to which is added a
"computer" or "cyber" ingredient.

2.1.3 Crime on the Internet

Internet crime, also called Cybercrime, is any illicit activity derived from one or
more components of the Internet, such as web sites, chat rooms, or email. This crime ranges
from failure to deliver goods or services and computer intrusion, to misuse of intellectual
property rights, electronic espionage, online extortion, international money laundering,
identity theft and a list increasing number of other crimes facilitated by the Internet.

In the virtual world as in the real world, criminal activities are mostly initiated by
individuals or small groups and can be better understood as disorganized crimes. But there
is growing evidence that there are organized crime groups illicitly exploiting the
opportunities offered by the Internet for profit. “Organized crime and cybercrime will never
be synonymous. The first will continue to act mostly in the real world and in the cyber

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world; and, the second will be perpetrated by individuals and not by criminal organizations”
Herrera, C, 2013, p. 125).

2.1.4 Subjects of computer crime

It could be said that: “Computer Crime is any illicit and illegal act or conduct that
can be considered criminal, aimed at altering, undermining, destroying, or manipulating any
computer system or any of its component parts, whose purpose is to cause a injury or
endanger any legal asset.”

Without a doubt, the birth of this type of crime is closely associated with the
development of computer technology. Computers have been used for many types of crimes,
including fraud, theft, espionage, sabotage and even murder.

The scope of Computer Crime is an inexhaustible source of facts, subjects and

fundamentally means for the commission of various independent crimes, but which use
computer means for their commission.

2.1.5 Law 53-07 on High Technology Crimes and Crimes

In the Dominican Republic the appearance of a new classification of criminal

actions, through technological means, this with the emergence and massification of the use
of computers, computer networks, the Internet and the so-called virtual operations, was
marked and practically protected by the lack of laws that contemplate it. At the end of the
1980s, a series of complaints regarding crimes committed using credit cards and ATMs
began to be filed with the Public Prosecutor's Office, which, given the lack of specific
criminal offenses, tried unsuccessfully to manage the resources of criminal laws until now
known, to try to provide a legal and legal solution to computer crimes, but this
administration of justice was completely clouded, given that this type of crime was
characterized by the difficulties involved in discovering it. , (b) try it and (c) pursue it.

For a more effective solution to computer crimes, the vast majority depended, for
their criminal prosecution, on the correct interpretation of criminal law and awareness on
the part of judges. The problem became extremely serious, and the authorities were forced
to create a new law with the purpose of protecting society from this new, but effective form
of crime, thus law 53-07 emerged, which is responsible for of high-tech crimes and which
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was enacted on April 23, 2007.

2.1.6 Object of Law 53-07

The purpose of this Law 53-07 is the comprehensive protection of systems that use
information and communication technologies and their content, as well as the prevention
and punishment of crimes committed against them or any of their components to the
detriment of natural or legal persons. in the terms provided in this law. This law will apply
throughout the territory of the Dominican Republic to any natural or legal person, national
or foreign, who commits an act sanctioned by its provisions.

Vargas, A (2012, November 29)HIGH CRIMES AND CRIMES

TECHNOLOGY. Daily Listin, p. A16, states that:
“(____)The fact of disclosing, generating, copying, recording, capturing,
using, altering, trafficking, decoding or in any way deciphering access codes,
information or similar mechanism to a person, through which illicit access can be
achieved to an electronic, computer, telematic or telecommunications system, or its
components, or falsifying any type of access device to it, is punishable by law 53-07,
which gives a formal character to said crimes and through it Different investigation
departments are created, such as: the Department of Investigation of High-Tech
Crimes and Crimes (DICAT), an entity subordinate to the Central Directorate of
Criminal Investigations of the National Police, the Telecommunications Institute
(INDOTEL), the Technological Institute of the Americas (ITLA), the National Drug
Control Department (DNCD).

Because it is a very little-known law, it is somewhat impossible to obtain any

jurisprudence on the subject, because the majority of cases are remedied between the
parties, who reach an agreement to correct the fact committed, without this coming to pass.
public light and reduces the credibility and reliability of the victims, especially when it
comes to financial and banking organizations, among others.

2.2 Crimes and Offenses not contemplated in Law 53-07

The growing importance of information and communication infrastructures opens

new avenues for criminal behavior. This is why measures must be taken to combat illegal
and harmful content on the Internet in order to protect intellectual property rights and
personal data, promote electronic commerce and strengthen transaction security. ; and in
general everything that is done in this “magical cybernetic world” (Blank, L. 2014, p. 95),

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that is why the risks that can arise from insufficient controls are closely related to the
greater exposure of sensitive information, new technologies without appropriate controls,
electronic authorizations, concentration of functions, data integrity, shortage of audit tools ,
lack of techniques and qualified forensic technicians who can perform their role well and in
general of the Information Society or ICTs.

In the business world, information such as credit card numbers, customer

authentications, emails, and even phone calls end up being routed over the Internet.
However, Internet Security is not just a business concern. Every person has the right to
privacy and when they access the Internet, said privacy does not disappear. Privacy in
addition to confidentiality includes anonymity.

2.2.1 Cyberbullying

“The hyperconnectivity that the Internet allows today, that great network of
networks that makes it possible to maintain communication and information, updated,
among many other benefits, is also a space where great human baseness is reflected, where
daily thousands of sexually ill people, manipulators, pedophiles and people with a wide
variety of mental pathologies are confused among us, and without knowing it we can have
contacts and interaction with these types of misconduct, and what is more serious, our sons,
daughters, godchildren, neighbors and any child or innocent girl may be being blackmailed,
extorted, manipulated or badly influenced by one of these antisocials” (Morrison, H. 2015,
p. 6)

When a boy, girl, adolescent or adult mocks and harasses another child with insults
and insults through the Internet or any other digital medium, this is called cyberbullying; a
practice that has spread throughout all Dominican schools, universities and homes, and
which, unfortunately, is not punishable by any law in the Dominican Republic, which
makes the prosecution, sanction and mitigation of this type of abominable practices
impossible. that they do so much damage to the adolescents, boys and girls of the country,
generating deep traumas and, in very sad cases, even suicides.
2.2.2 CYBERBULLYING

There are a number of reasons why someone wants to profile another in detail,
ranging from the simple reason of "getting to know them better" or investigating their
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background before hiring a service; to others that are more questionable to downright
illegal, leading to actual harassment. The Royal Academy of the Spanish Language (RAE)
defines harassment as "persecuting, urging, bothering someone with annoyances or
demands, without giving them respite or rest." So, cyberbullying is the use of some
technological means to harass an individual, a group of people, or an organization.
Harassment may be represented by making a false accusation, defamation, persecution,
threats, identity theft, damage to the property of the harassed, or any activity that is
sufficient to cause the person to feel reasonable distress.

2.2.3 Cybercasing (Cyber-Tracking).

Attackers use online information to violate a person's privacy or to facilitate the
commission of a crime in the physical world. The term "Cybercasing" is used to describe
the process by which a criminal can anonymously monitor a potential victim, observing
how they sequentially upload valuable data about their possessions, geographic location,
activities, etc. Retrieved from Htpp://www1.isci.berkeley.edu. March 10, 2015, 8:45 PM.

2.2.4 Wi-Puncturing
There are many such attacks, such as malware spreading, and social engineering.
This is the way in which the attacker better knows the profile of his victim and/or installs a
tool to control him and increase the effectiveness of his attack. In this sense, Dr.
Casasnovas, A. (2014) that:

“Internet crimes can violate legal rights protected by the Constitution,

such as privacy, dignity and honor, sexual indemnity, the right to property or
the security of the State. The transit of information through cyberspace
makes users vulnerable to cybercriminals who access personal and intimate
information as intruders. To prevent the development of this type of crime,
the Rule of Law must have an adequate and organized response. judicial,
police and above all international, since organized crime has no borders” (p.
55).

2.2.5 Privacy of Personal Data

In this very particular aspect, it should be noted that Dominican legislation related to
information and communication technologies still needs to approve the Personal Data

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Privacy Law. Currently, the personal information of any citizen living in the Dominican
Republic is available to anyone who has the database of the Central Electoral Board or who
accesses one of the credit bureau services.

2.2.6 The Security of the Digital Person

The digital persona is also a potentially threatening, degrading and perhaps socially
dangerous phenomenon. One area whose most threatening aspects requiring consideration
lies in data surveillance, the monitoring of people through their data. Data surveillance is an
economically effective means of exerting control over the behavior of individuals and
societies. The way in which the digital persona contributes to an understanding of particular
data surveillance techniques such as computer matching and characterization is discussed
and the risks inherent in monitoring the digital persona are outlined.

Clarke, R. (2012) identifies the digital person as a model, useful to understand the
shadow we project in the digital world of cyberspace and distinguish between passive,
active and autonomous people. It defines it as: “The digital persona is a model of the public
personality of an individual, based on data and maintained by transactions and that has been
conceived to be used on behalf of the individual.” (p. 39)

Useful as a model for identifying individuals for the purpose of targeting (for
example, email addresses) or identifying them as people with permissions to perform a
function (paying bills online, planning trips), bits soon develop a set of habits and a
personality that are as real as the human being behind them. Esparza (2013) maintains that:
“Currently, governments and businesses rely on them to “know their customers” and rely
more on electronic evidence and the digital person than on the individuals themselves”
(Page. 65).

2.3 Update of the Law Application Regulation 53-07

Cybercrime has negatively impacted both the public and private sectors, affecting
the normal development of banking, private life, and national security, with global
significance. The problem is more serious than you can imagine; in Latin America,
information theft and banking fraud exceeds ninety-three billion dollars per year.

A report on virtual criminology by MacAfee, a firm specialized in computer

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security, reached three key conclusions in relation to computer crime:

1. Firstly , governments still do not consider cybercrime as a true priority, which

makes it difficult to carry out the fight to combat it around the world;

2. Secondly , that cross-border action by security forces continues to be an

insurmountable requirement to combat crime.
3. Thirdly , the security forces continue to respond in an improvised manner and are
not adequately prepared to deal with the situation.

In this sense, Law 53-07 on High Technology Crimes and Crimes, of the Dominican
Republic, aims to be the ideal legal tool that responds to people who are under the constant
risk of becoming a victim of this new form of crime. commit a crime

2.3.1 Computer Crime Law and the Controversy with its Regulations

In the words of the eminent jurist José Antonio Seoane “Legal activity constitutes
an attempt to respond at each historical moment to the problems posed by human relations,
both those of always and those of each era. That answer is not always the same: sometimes
changes in the conception of law occur in order to satisfactorily address such demands”
(s/n). Given this principle, it is necessary not only to approve the laws that govern our best
coexistence as a society, but it is also mandatory that these laws be regulated through
regulations, which facilitate their administration, when interpreting them. , with the purpose
of dispensing justice appropriately.

Law 53-07 on High-Tech Crimes and Crimes does not escape this reality and that is
why it became necessary to implement a regulation for its fair application.

In this sense, in February 2012, INDOTEL announced resolution 086-11, which

approves the “Regulation for the obtaining and preservation of data and information by
service providers, in application of the provisions of Law 53 07 on High-Tech Crimes and
Crimes.” In turn, this was in compliance with resolution 56-09 that ordered the start of the
public consultation process to develop the regulations.

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2.3.2 What is not contemplated by the Regulations of Law 53-07

In the Dominican Republic, Law 53-07 on High Technology Crimes and Crimes
recognizes defamation or insult by electronic means as a crime, establishing custodial
sentences:

Article 21: “Defamation. Defamation committed through electronic, computer,

telematic, telecommunications or audiovisual means will be punished with a penalty
of three months to one year in prison and a fine of five to five hundred times the
minimum wage.

Article 22: “Public Insult. Public insult committed through electronic, computer,
telematic, telecommunications or audiovisual means will be punished with a penalty
of three months to one year in prison and a fine of five to five hundred times the
minimum wage.

However, it does not establish the course of action to follow when factors that
transcend Dominican borders intervene, nor does it establish the responsibility of the
companies that provide Internet service.

On the other hand, it does not contemplate aspects that have to do with the
advancement of technology, from the creation of the law and the regulations that regulate
Law 53. 07, as is the case of DRONES, which began as an instrument for exclusive use for
military intelligence purposes and focused and unmanned attacks, but which today have
wide civil use, such as door-to-door package delivery, filming of videos, films and
documentaries, among many other services that could be mentioned, no longer so healthy,
such as surveillance and espionage not authorized by the authorities and in the
circumstances that the law warrants, as well as the invasion of the privacy of people.

CHAPTER III
METHODOLOGY

This chapter contains the aspects related to the methodological procedure of the
present investigation which concerns the Scope of Law 53-07 regarding the Evolution of
High-Tech Crimes and Offenses in the Investigative Court of the Judicial District of La

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Vega, Dominican Republic , during the period May 2014 2015, which has been conceived
from a quantitative approach.

3.1 Universe and Population

In a didactic and scientific sense, Truman (2004, p. 51) explains that: “The universe
is the totality of people who are part of the research, this term is also known as
population…” Regarding the present research, the The universe is made up of all the
lawyers who practice in the city of La Vega, which is a number of 1,647 law graduates
enrolled and registered in the Bar Association of the Dominican Republic (CARD), a
subsidiary of La Vega, according to certification by this collegiate body, while the
population is made up of all the lawyers who practice in criminal matters in the
Investigative Court of the Judicial District of La Vega, who agree to submit to the
requirements of the investigation, only 29 lawyers are currently actively practicing in that
collegiate agency that practices in criminal matters.

3.2 Sample Size Determination

Because the number of lawyers who practice criminal matters in the Investigative
Court of La Vega has been chosen as the universe and population for the purposes of this
investigation, the decision was made to assume the entirety of this universe as the size. of
the sample, this data was provided by efforts and research carried out, on behalf of the
researchers, before the secretary and the titular judges of the court, as well as some criminal
lawyers practicing in said court, in a direct interview and without the intermediation of no
research protocol during it.

3.3 Sample Element Selection Techniques

For the criteria of this investigation and since it was decided to take the entire
universe and population of this investigation, there was no need to apply any technical
resource or special scientific measurement, but rather the researchers chose to take on the
29 lawyers practicing in criminal matters of the Investigative Court of the Judicial District
of La Vega, as the total size of the sample, this number constituting 100% of it, given the
importance of the topic that is the subject of this investigation.

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3.4 Design of the investigation

This investigation concerning the Scope of Law 53-07 regarding the Evolution of High-
Tech Crimes and Crimes in the Investigative Court of the Judicial District of La Vega,
Dominican Republic, during the period May 2014-2015 has been designed based on a non-
experimental quantitative approach since the phenomena will be observed as they occur
naturally, without the researchers, consequently, intervening in their development, this in
accordance with what was explained by Hernández and Cols. (2003, p. 87) what they say
about it. “…. "They are those that are carried out without the deliberate manipulation of
variables and in which the phenomena are only observed in their natural environment and
then analyzed."

3.4.1 Design Type

This study is field study because the phenomenon will be studied, in the place of the
events, and the variables will be presented, without them being objects of manipulation or
modification, without intending to experiment on the nature or state, but rather they will be
studied as they are found at the time of carrying out the investigation.

It is also cross-sectional, given that said research and study will be carried out within a
pre-established, uninterrupted place and period of time, capturing a specific moment, in the
case of the species in the Investigative Court of the Judicial District of La Vega, May 2014-
May 2015.

3.4.2 Kind of investigation

A Mixed type of research will be carried out, since the characteristics of the
documentary, field and descriptive type of theoretical study intervene.

It is bibliographic, since it will rely on theories through the use of texts and
documents written on the topic. Among these sources, the Constitution, codes, laws,
doctrines, magazines, legal dictionaries, newspapers, etc. stand out.

It is descriptive, given that it will comply with the characteristics of this type of
research, in accordance with what Vincent (2000) expresses for such purposes, who
maintains the following: “This type of research is the one that describes variables and

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associations between variables. , specify the properties of importance among the entities on
which research is carried out…” (p. 61). As far as this work is concerned, the description
will be made based on the Scope of Law 53-07 on the Evolution of High-Tech Crimes and
Crimes in the judicial instance and period established for such purposes.

3.4.3 Research Focus

It must be taken into account that being the method, in accordance with what was
established by Vincent (2000, p.28): “The most appropriate path to achieve an end…”, it is
also a means to achieve an objective. In this context, the research will be assisted by its
approach to the deductive method, which according to the same author Vincent (2000, p.
34) “is the most used in science, based on chaining together knowledge that is assumed to
be true in such a way that new knowledge is obtained...", that is, it is one that reaches
conclusions from the general to the particular.

Deductive knowledge allows particular truths contained in universal truths to

become explicit; combines necessary and simple principles to deduce new propositions. In
this case, we start from the general data of the Scope of Law 53-07 regarding the Evolution
of High-Tech Crimes and Crimes in the judicial instance chosen as the field of this study.

3.5 Research Scope

This research will be developed through the explanatory scope. Through which and
taking into consideration that it is a Mixed study based on bibliographic sources and the
study of the phenomenon itself in the place where it occurs, without intervening in its
manipulation, an attempt will be made to explain what the problem consists of. , why it
originates, how advances in information technology affect being connected to the Internet,
which practically erases the borders of the planet and the evolution of high-tech crimes and
crimes, within the scope of the Law 53-07, its update, the appropriateness of the regulation
and its failure to contemplate new crimes in this matter. This type of scope is chosen
because it is more structured than the others.

3.6 Instruments Used

The techniques have been defined from various perspectives, however, Truman's

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(2004, p. 42) conceptualization states that: “They are specific actions used by the
researcher, they depend on the selected method and seek to guide the actions in each part of
the investigated process. ... "with the objective of obtaining relevant and effective
documentation on the topic in question, the techniques to be used in this research are
especially the survey, which has the questionnaire as its main instrument and the literary
review, used in the compilation of the information to develop the appropriate theoretical
framework for the research, through the recording or the preparation of files identifying the
bibliographic sources related to the topic.

Regarding the survey, as the main technique, the questionnaire will be the data
collection instrument used, the nature of this instrument is quantitative, since it will be
applied to the total population of lawyers who practice in criminal matters in the Court. of
Instruction of the Judicial District of La Vega.

To create the questionnaire, the specific objectives and operationalization of the

variables will be taken into account first, from which the operational scheme will be
extracted for the formulation of the questions based on the indicators of said variables.

The questionnaire for the survey will have a single section which will be intended to
survey the entire population of lawyers who practice in criminal matters in the Investigative
Court of the Judicial District of La Vega.

The present study will have two types of data sources, which are: 1) The primary
ones: collected directly through the survey and observation; and 2) The secondary ones:
constituted by the various bibliographic queries, such as: Codes, laws, regulations, books,
articles, Internet, review of previous research, doctrinal material and others...

3.7 Instrument Validation

Prior to the application of the questionnaires, they will be validated, that is, to
determine the degree of reliability in the desired measurement that they possess; whose
validity will be made from the comparison of the indicated elements and the review made
by the experts who will be consulted, one in the contents and another in the methodology, to
determine if there would be weaknesses in the instruments to be applied, to proceed. to its
correction prior to its application in the population under study.

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 The reliability criterion of the collection instruments will be carried out from the
direct and personal application of the information collection instruments, with the purpose
of determining the degree of consistency and precision of the value scale that determines
reliability. Furthermore, efforts will be made to ensure that the answers correspond to the
opinions of the respondents.

The questionnaires will be subject to review and validation by specialist advisors in

aspects related to the investigation, specifically in criminal matters, and computer science,
in order to ensure that they fulfill their mission and provide clear and objective answers to
the questions that will be posed in the study.

The research instruments will also be validated through the application of a tentative
survey, in order to check their understanding by the different actors to be surveyed by
applying a pilot test to ten lawyers, to detect any action of under-recording of data,
ambiguity in the questions or redundancies, for correction and subsequent application to the
entire selected population.

3.8 Data Collection

In research work, a set of elements and techniques are required that will lead to the
objectives that were set, therefore it is necessary to describe the precise procedure to have a
clear idea of what the research work will be. Firstly, data will be collected from secondary
sources, making a tentative outline of the information aimed at conceptualizing the scope
and evolution of high-tech crimes, in relation to what is proposed by Law 53-07, in criminal
matters and the advance of new information and telecommunications technologies (ICTs),
as well as the various antecedents that deal with them; These sources were specified in
previous sections.

In relation to the primary sources, also specified, the questionnaires will be applied,
carrying out a census to determine the lawyers surveyed and the missing ones, for home
contact. Once the questionnaires are administered, the answers will be verified to guarantee
complete completion of all questions, making precise explanations of them where
necessary.

It is important to express that direct consultations will be made on the topic, both to

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the judge of the Investigative Court that is the subject of the study, as well as to the police
investigation department of the La Vega detachment, which will be made openly and
voluntarily regarding their legal contribution regarding to the topic under study, without
exhausting any instrument or guide of questions or pre-established protocol, which
generates important information for the analysis of the results obtained.

3.9 Data Analysis Method

Once the questionnaires have been applied, they will be organized to carry out the
following activities:

1. The questionnaires will be tabulated using the manual stick method, and then
incorporated into the Microsoft Excel 2010 calculation software.
2. The data will be organized according to the specific objectives to create
informative batches.
3. They will be presented using tables with the specifications of their sources.
4. The corresponding interpretations will be made to the tables resulting from
the information batches.
5. The results will be discussed, legally commenting on them based on the legal
experience of the researchers, the doctrine consulted, the investigative
background and the technological experience of the experts consulted.

3.10 Limitations of the Research

In carrying out this research, several limitations arose in principle, among them: The
obstacles that some universities had in accessing bibliographic information, which on many
occasions made it impossible to collect documentary sources to expand and obtain
secondary information and, above all, novelty of the Law, which due to being extremely
young, we have found a very timid handling of it and even a lack of knowledge in many
professionals in the judicial establishments, not only in this city of La Vega, but also in
other cities in the country , as well as an almost total absence of cases judged in relation to
this type of crimes, not because they are not committed, but due to the lack of reporting of
them, the lack of knowledge that citizens have of this instrument of legal protection, the
indefinite nature of its prevention, prosecution and punishment, as well as the overflowing
of borders provided by an almost perfect masking of those who commit this type of crime.
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 SCHEDULE

Activities Dates by months and weeks

Choice of Topic 4th week of November 2013
Topic approval 1st week of December 2013
From the 2nd week of January to the 3rd
Preparation of the preliminary project
week of March 2013
From the 1st week of April to the 1st week of
Investigation process
July 2014
Supporting the thesis 4th week of August 2014

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BIBLIOGRAPHIC REFERENCES

• Blank, L. (2014), Internet Security. FireWall and Security Blind. (2nd ed. Corr.).
London, England: MacGraw-Hill.

• Cortes, G. (2012). Computer crime. Mexico, D. F.: Alfaomega Editorial.

• Dr. Acurio, S., (2012) from the Public Ministry of Pichincha. Mexico; Cyber
Crimes and Cybercrime.

• Dr. Casanovas, A. (2014). Information extracted from the article published in the
Ministerio Público magazine by Dr. Esther Agelán Casasnovas, judge of the
Second Criminal Chamber of the Court of Appeal of the National District.

• Dr. HERRERA, C. (2013). Computer Crime and/or Electronic Crime. Bogotá,

Colombia: Editorial Cartagena.

• Isa, S., (2010, August). Cybercrime. A new form of organized crime. Document
presented at the Congress A New Form of Crime, Santiago, Dominican Republic:
Pontificia Universidad Católica Madre y Maestra (PUCMMM).

• Krone, J (2005). Internet security. (3rd ed. Run. and increase). Madrid, Spain:
Editorial Cortés.

• Krone, T., 2005. High Tech Crime Brief. Australian Institute of Criminology.
Canberra, Australia. ISSN 1832-3413. 2005.

• Zeviar-Geese, G. 1997-98. The State of the Law on Cyberjurisdiction and

Cybercrime on the Internet. California Pacific School of Law. Gonzaga Journal of
International Law. Volume 1. 1997-1998.

• Lindow, D., Computer Crime: Legislation, Repression and Prevention. Santiago de

Chile. Chile: Printed at the Catholic University of Santiago de Chile.

• Montero, D. (2013, May). High Technology Crimes and Offenses in Light of Law
53-07. Document presented at the High Technology Crimes and Crimes Congress,
Santo Domingo, Dominican Republic: CyberSOC Global, Ltd. Cyber Security
Division for Latin America.

• Pérez, E. (2010). Legal Informatics (1st ed. Corr.), Santo Domingo, Dominican
Republic: Editora Centenario.

• Zeyfüer (2014). Cybercrime. The New Generation of Criminals.: MacGraw-Hill,

New York. USA H.H.

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Legal Standards:

• Legal and Regulatory Framework General Telecommunications Law No. 153-

98.
• Law on Electronic Commerce, Digital Documents and Signatures.
• Industrial Property Law No. 20-00.
• Copyright Law No. 65-00.
• Law Against High Technology Crimes and Crimes No. 53-07.
• Article 6.- Illicit Access.
• Special Case of Article 19.
• Article 19.- Use of Equipment for Invasion of Privacy.
• New Dominican Penal Code.
• Law of Expression and Dissemination of Thought Law 6132.

Internet queries:

• http://www.monografias.com/trabajos102/delitos-informaticos-bancarios-y-
law/banking-computer-crimes-and-law.shtml#ixzz3VydfPMN4

• http://cicte.oas/rex/en/documents/oas-ga/ag-res.2004(xxxiv-0-04)-sp.pdf
• http://www.informaticalegal.com.ar/2010/08/01/%c2%bfqu-es-el-convenio-sobre-
cybercriminalidad-de-budapest/
• http://demipai.com/index.php/informtaicajuridica.pdf
• http://www.monografía.com/trabajos/norma/normas.shtl
• http://www.gacetajudicial.gov.do/boletin45/delitosciberneticos.pdf/
• http://www.trabajos.com/trabajo36/medios-electronicos-y-virtuales-en-fraudes-
por-internet.pdf/
PROPOSED INDEX
Gratitude
Dedication
Index
Introduction

CHAPTER 1: Delimitation of the Investigation

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Background
Context
Problem Statement
Research questions
Goals
General objective
Specific objectives
Justification
Operationalization of Variables
Definition of terms

CHAPTER 2: Theoretical Framework

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CHAPTER 3: Methodology
Universe and Population
Sample Size Determination
Sample Element Selection Technique
Design of the investigation
Design Type
Kind of investigation
Research Focus
Research Scope
Instruments Used
Instrument Validation
Data collection
Data Analysis Method
Limitation of the Research

CHAPTER 4: Data Sustainability

CHAPTER 5: Conclusions and recommendations

References
Appendices

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