The President of the Republic, Luis Abinader, through message no. 13818, of June 14, 2022, sent to National Congress the bill against cybercrime.
The purpose of this legislative initiative is to achieve the comprehensive protection of systems that use information and communication technologies, as well as the prevention, prosecution and punishment of two types of crime.
On the one hand, those committed to the detriment of such systems, their components or their contents and, on the other hand, those committed through the use of these information and communication technologies against natural or legal persons.
The bill establishes its own scope of application, its guiding principles and the definitions that correspond to its application.
In its central part, the project typifies each of the cybercrimes and classifies them as cybercrimes against the confidentiality, integrity and availability of data and information systems; cybercrimes against people; financial and theft cybercrimes; cybercrimes against intellectual property; cybercrimes against telecommunications; and cybercrimes against the nation and cyberterrorism.
The bill also establishes the competent bodies for the prosecution and prosecution of such crimes, which include the Public Ministry, the Inter-institutional Commission against Cybercrime, the Department of Investigation of Crimes and High Technology Crimes (DICAT) and the Computer Crime Investigation Division (DIDI).
On the other hand, the project defines the rules of procedural law, which regulate various aspects, such as investigative measures, the collection and control of evidence, the confiscation of assets, jurisdiction and public action.
The sustainability of the system and international cooperation are also considered in a particular way.
The eventual law would completely repeal Law no. 53-07 on crimes and high-tech crimes, which regulates the matter in the present. In this way, this regulatory framework would be updated given that many of the new cybercriminal behaviors that affect society today do not have a criminal classification.