Regresar

THE INFRINGEMENT OF THE OBJECTIVE DUTY OF CARE IN THE HARDENING PROCESS

Abstract:

The research problem lies in determining whether there is reckless conduct in cybercrimes when the computer security technician respon-sible for the hardening process, due to recklessness, inexperience, negligence or non-observance of its lex artis, infringes the duty of care, which gives as The result was an interference with the computer system under his responsibility, so the objective of this work is to establish the theoretical parameters on which the imputation of the objective type in computer crimes is based, for infringement of the objective duty of care of the person in charge of security of the information processing system. The present investigation was qualitative, in which the historical-logical methods were used that identified the lines of investigation that allowed to establish how the computer crime is described in modern criminal law, the analytical-synthetic method relative to the definitions of the crime computer science, objective imputation and the hardening process, and finally the method of legal analysis related to the applicable legal provisions; and content analysis was used as a research technique. In the results, the importance of hardening was developed, the computer skills in criminal matters that support the principle of objectivity of the Prosecutor’s Office in the criminal investigation, concluding that the computer crime in our legislation is malicious, but it has been academically demonstrated that there is the possibility of a culpable conduct approached from the pbkp_redictability, pbkp_redictability and avoidability of the result as a presupposition of the reckless conduct.