Critical legal analysis of identity theft by electronic means as an independent criminal offense in the Organic Integral Penal Code

Abstract

This paper addresses a legal review on the crime of impersonation of tangible identity and the lack of independent typification within the criminal legislation for the impersonation of identity by electronic means; also, a critical analysis of objective tendency on the Ecuadorian legislation on this subject is framed. It is argued with related law studies, which exhibit a criminal review on computer crimes, from a general perspective and without estimating at macro, meso and micro level the scope reflected of an intangible reality of social justice. The constitutional postulates are cited sequentially, in criminal matters and according to the legal procedure the state of this legal problem is visualized; with the purpose of diagnosing the best answers to counteract the effects in the Latin American information society. From the cognitive point of view, other mishaps are compared according to the central theme by way of inspection; giving guidelines, where the potentialities of preparing against cybercrimes with the technological and socioeconomic adequacy for both public and private entities are evidenced.