8
Feb

Cybercrime, such as scams and extortion, has been on the rise for some time, this happens as a result of a society where technology plays a very important role. Although we do not realize it, many times these technologies facilitate and provide a habitual way for the perpetration of crime and even generate new types of infractions, affecting the patrimonial and extra-patrimonial interests of individuals.

Therefore, we will be covering fairly interesting topics such as fraud and blackmail as cybercrime, which are seen day after day as a result of computer development and expansion, posing a threat to our privacy. Due to the many inquiries we receive day after day, we will try to explain what these crimes consist of in the Dominican Penal Code and Law No. 53-07 On Crimes of High-end Technology. Lastly, we will explain how to report these occurrences to the corresponding body, and the steps to follow after submitting the report.

The two main reasons why we decided to elaborate on this are the following:

1. We might be harassed, scammed, or blackmailed with information and technological means, and we might not defend ourselves by exhausting the means available to us by the law; and

2. Many of us commit this offense without knowing that it is penalized or regulated by law, compromising our criminal and civil responsibility.

And so, we believe that it is important for everyone to have knowledge about cybercrime, since it is a topic of interest and it is rapidly expanding in the Dominican Republic and the rest of world.

High-tech crimes in the Dominican Republic

High-tech crimes are unlawful behaviors committed through telecommunications, cybernetic, electronic, computer, and telematic means.

In the Dominican Republic, Law 53-07 intends to protect citizens from the use of any type of systems that use information and communication technologies. Additionally, this Law seeks the prevention and punishment of high-tech crimes.

Law 53-07, establishes several high-tech crimes, but today we are only going to focus on Scams and Extortions.

Scam or Blackmail

A scam is a crime that occurs when a person demands economic compensation or a reward from a different person, under the threat of disclosing or disseminating information about the latter’s private life if they do not receive the compensation requested.

Therefore, in blackmail, the perpetrator asks for the delivery of funds or securities through threats to reveal certain information about the victim, which may damage their reputation.

In Dominican legislation, before the application of the aforementioned law, the crime of Blackmail was only criminalized in Article 400,of the Dominican Penal Code, but currently Article 16 of Law No. 53-07 On Offences and Crimes of High Technology, states the following about blackmail: “Blackmail Blackmail is carried out through the use of electronic, computer, telematics, or telecommunications systems and their components for the purpose of obtaining funds, securities, signing, delivery of any document, whether digital or not, an access code or some other information systems component shall be punishable by one to five years imprisonment and a fine of ten to two hundred times the minimum wage.

Extortion or Scamming

Scamming is a criminal offense in which a person uses a false name, a false quality or other fraudulent maneuvers to make another person voluntarily surrender funds, securities or objects.

Article 405 of the Dominican Penal Code states: “Individuals are convicted of fraud, and as such incur the penalties of imprisonment from six months to two years, and a fine of twenty to two hundred Dominican pesos: 1. Those who, using names and alleged qualities or using fraudulent manipulations, present the existence of companies that do not exist, or imaginary credits or powers they do not have, in order to defraud all or part of external capital, achieving or attempting to receive funds, bank notes or treasury bills, and any other public effects, furniture, obligations that contain promises, provisions, settlements or discharges, delivered or remitted; 2. Those who in order to achieve the aforementioned goals instill hope or fear of an accident or any other fictitious event. Individuals convicted of fraud may also be sentenced to the accessory of absolute or special disqualification for the positions and trades referred to in article 42, without prejudice to the penalties pronounced by the Code for cases of falsehood”.

Simmilarly, Law No. 53-07, On Offences and Crimes of High Technology, in its article 15, establishes the following: “A scam carried out through the use of electronic, computer, telematic or telecommunications means, will be sanctioned with a penalty of three months to seven years in prison and a fine of ten to five hundred times the minimum wage.”

Complaint process through the Department of Investigation of Offences and High Technology Crimes (DICAT for its Spanish acronym).

Immediately after finding out that you were the subject of a Scam or Blackmail, you should consult with an attorney or file a report with the Department of High Technology Crime Investigation (DICAT) of the National Police.

The affected party must have evidence of the facts they are alleging, since they would need to present them to their legal representation, and to DICAT.

According to article 36 of Law No. 53-07, On Offences and Crimes of High Technology, DICAT is a subordinate entity of the Central Directorate of Criminal Investigations of the National Police and is responsible for supporting the investigations or in the submission to justice of the persons involved in the violation of the Law on Offences and Crimes of High Technology.

The law also establishes the Computer Crime Investigation Division (DIDI in Spanish) of the National Department of Investigations. This department intends to ensure that the best methods available are used during investigations, so that the evidence obtained for criminal proceedings is obtained and preserved in the best possible way.

Complaint process

When a person wants to report a scam or blackmail, of which they were subject to through the DICAT, they should know that the reporting process would go through the following steps:

• The Complainant must file the complaint with the Manager of the Complaint Section who would receive and write the corresponding report.
• After the complaint has been drafted, the Manager of the Reporting Section shows the report to the complainant for them to verify and sign it, and then gives a copy of the finished report the complainant for them to keep.
• The Manager of the Complaint Section delivers the original signed document to the Administrative Assistant of DICAT, who then delivers said document to the Manager of the Department of Reaction and Monitoring of Large Criminal Cases, attaching the corresponding investigation request. In the event that the complaint is made in relation to threats done via email, hacking, or phishing, the investigation is carried out in coordination with the different email service providers.
• After carrying out the corresponding investigation, the Head of the Reaction and Monitoring Department of Major Criminal Cases delivers the investigation results to the Administrative Assistant of DICAT, who then delivers the results to the Head of the Claims and Complaints Section, who subsequently contacts the complainant to inform them about the results of the investigation, in order to request an arrest warrant or search warrant from the Deputy Prosecutor, if necessary.
• In the event that the corresponding Deputy Prosecutor receives an arrest warrant or search warrant, they are forwarded to the Operations Section of DICAT, this department then carries out the warrant and forwards the evidence to the corresponding Prosecutor.
• If any equipment is raided and taken by the Requesting Department, it is analyzed by the Manager of the Links Section, who then sends the results to the corresponding entity by official notice after its analysis. Subsequently, the results will be sent to the Manager of the Forensic Section specifying the type of expertise that is required as the case may be.
• The Forensic Section area receives the evidence provided and carries out the required process reviewing the equipment, and after making a report with the results obtained, returns the evidence and delivers the report with the results to the Department that requested it.

Important recommendations to prevent cybercrime

It is important that, although it may be protected by Dominican legislation, you take into account these recommendations:

• It is okay to be wary because not everyone has the best intentions on the internet.
• Banks do not send mass emails requesting personal information, so never provide your personal information to people who request them for no reason, or to alleged “Banks”.
• Although social networks are entertaining, you should be very careful when using them, avoid posting specific information about your life and accepting people you do not know as friends.
• It is also recommended to create long and complex alphanumeric passwords.
• If you sell items on digital platforms and receive payment by bank transfer for instance, you should ensure through your bank that the money is not in transit and is available to be withdrawn before delivering the item in question.

In our law firm Morillo Suriel Attorneys at Law, we have a division specialized in Criminal Law, through which we can assist you with any questions or concerns you may have in matters of Cybercrime, Complaints, Harassment, Fraud, and/or Blackmail.  Our attorneys are available to assist you anywhere you are in the Dominican Republic and the rest of the world, through our Online Consultation tool or In-Person in our firm.