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Computer crime has experienced a significant increase in Bolivia<\/b><\/span> in recent years, reflecting a global trend where the cyber crimes grow to the beat of the scan. According to the UN, more than three-quarters of cybercrime to the global level today would be linked to organised crime.<\/p>\n Bolivia, as part of this phenomenon, faces an increase of illicit as impersonation of digital identity<\/b><\/span> and unauthorized use of personal data in various electronics environments. This growth is occurring in a context of structural weaknesses: Bolivia is ranked 79<\/i> of the world (the last of Latin America) in preparation against threats of cybersecurity, which shows the vulnerability of the country<\/b><\/span> in the face of these new crimes.<\/p>\n<\/div>\n In Bolivia, the proliferation of scams digital, fraud, online banking, improper access to personal accounts, and other computer-related crimes<\/b><\/span> it has caused economic losses, damages to the privacy and security risks citizen. The penetration of mass Internet and social networks, together with the lack of knowledge of basic measures of cyber security on the part of the population<\/b><\/span>he has provided opportunities for criminals to exploit technology for illicit purposes. This boom crime is aggravated by the lack of complaint: experts point out that the shame of the victims, the distrust in the justice and the lack of knowledge in digital security are three main causes<\/i> that many cybercrimes are not reported in Bolivia. These factors have allowed that many incidents go unpunished, encouraging recidivism.<\/p>\n Given this scenario, it is essential to contextualize the growth of computer crime in Bolivia<\/b><\/span> and critically analyze the response of the law. Then, we present recent statistics on computer crime in the country, a review of bolivian law (including the failed attempt to reform criminal, 2017), comparisons with legal frameworks of neighbouring countries, and expert opinions on deficiencies in current regulations. Finally, we will propose a making it a criminal offence-specific<\/i> for the crime of improper use of proprietary data on computer media, as part of a necessary legal reform integral.<\/p>[\/et_pb_text][et_pb_text _builder_version=\u00bb4.27.4″ _module_preset=\u00bbdefault\u00bb custom_margin=\u00bb||10px||false|false\u00bb hover_enabled=\u00bb0″ global_colors_info=\u00bb{}\u00bb theme_builder_area=\u00bbpost_content\u00bb sticky_enabled=\u00bb0″] The magnitude of the problem in Bolivia is reflected in the statistics compiled by 2025<\/b><\/span>. In the year 2023, the Observatory of Computer-related Crimes Bolivia (ODIB)<\/i> registered 3.768 cases of cyber crimes<\/b><\/span> in the country. These figures represent a considerable increase compared to previous years; for example, it reported an increase in the 43% in the scams digital during the first half of 2023<\/b><\/span> in comparison with the same period in 2022. The computer crimes most commonly include the fraud or scam computer<\/b><\/span>, online threats and grooming<\/i> (sexual harassment digital). Jurisdictions La Paz, Santa Cruz and Cochabamba<\/i> account for the higher incidence of these crimes <\/span>, which coincides with the regions of major economic activity and use of technology.<\/p>\n Within the modalities of cybercrime that are of greatest concern in Bolivia are those related to the identity theft and the misuse of personal or financial data<\/b><\/span>. Police authorities have investigated cases of kidnapping of messaging accounts (for example, accounts of WhatsApp<\/i>) where the criminal impersonates the identity of the victim to request their contacts, money transfers to bank accounts, using deceptions credible. This method, known as fraud WhatsApp<\/i>it has become recurrent and difficult to pursue with figures traditional criminal court. In the same way, are reported increasingly creations of fake profiles in social networks<\/b><\/span> (Facebook, TikTok, Instagram) in order to defame, defraud, or affect the reputation of people, public and private. These behaviors involve the unlawful use of outside data (name, photographs, information and staff) to commit crimes ranging from the scam estate until the violation of the honor, or privacy.<\/p>\n The official data and independent studies paint a troubling picture. Women accounted for 54.7% of the victims of computer crimes in Bolivia, being especially vulnerable to online frauds and extortions of a personal nature. For every age group, young people from 16 to 35 years are the most affected, given their greater use of social networks and digital platforms. In addition, incidents resonant have exposed flaws in the protection of data: for example, in 2024 it denounced the alleged sale on underground forums of a database with personal information 12.5 million bolivians<\/b><\/span>, which broke out alerts on the security of information in the hands of public and private entities.<\/p>\n In summary, the statistics until 2025 confirm that Bolivia faces a rising tide of cybercrime<\/b><\/span>, among which the impersonation digital identity and the unauthorised use of personal data<\/b><\/span> occupy a prominent place. This phenomenon has overwhelmed the response capacity of the existing legal framework, generating a gap between the reality of the criminal and legal tools to fight it. Below, we examine how the legislation bolivian have tried (and sometimes failed) to give an answer to these challenges.<\/p>[\/et_pb_text][et_pb_text _builder_version=\u00bb4.27.4″ _module_preset=\u00bbdefault\u00bb custom_margin=\u00bb||10px||false|false\u00bb hover_enabled=\u00bb0″ global_colors_info=\u00bb{}\u00bb theme_builder_area=\u00bbpost_content\u00bb sticky_enabled=\u00bb0″] <\/p>[\/et_pb_text][et_pb_text _builder_version=\u00bb4.21.0″ _module_preset=\u00bbdefault\u00bb header_4_font_size=\u00bb20px\u00bb custom_margin=\u00bb||||false|false\u00bb global_colors_info=\u00bb{}\u00bb theme_builder_area=\u00bbpost_content\u00bb] Bolivia lacks a special law of computer crimes; instead, the Penal code<\/b><\/span> (which originally dates back to 1972, with subsequent amendments) contains only two types of crimes-specific<\/i> in this matter. These provisions were introduced by Law no. 1768 of 1997, which added the Chapter XI \u201cComputer Crimes\u201d<\/b><\/span> the Criminal Code. This chapter sets out:<\/span><\/p>\n Article 363 bis (computer Manipulation)<\/b><\/span>: Punishes the who, with the intent of obtaining an undue advantage, \u201chandling a processing or any transfer of computer data\u201d<\/i> causing an incorrect result in prejudice to a third party, and that this results in a transfer wealth is not due. In essence, makes the computer fraud through alteration of data or programs (a figure analogous to the scam but executed by digital media). The punishment is <\/span>1 to 5 years of imprisonment<\/b><\/span> more fine.<\/span> Article 363 ter (Alteration, unauthorized access and improper use of computer data)<\/b><\/span>: Punishes the who, <\/span>\u201cwithout being authorized to take over, access, use, modify, delete or disable the data stored in a computer or computer support, causing damage to the owner of the information\u201d. <\/i>This figure covers the <\/span>illegal access to systems or databases<\/b><\/span> and the unauthorized use of digital information of others. Interestingly, the expected penalty is much more mild than that of the previous offence: <\/span>provision of work for up to a year or fine of up to 200 days, <\/b><\/span>which denotes that the legislator 1997 conceived of these behaviors as less serious (crimes against property computer without transfer direct economic).<\/span><\/p>\n<\/li>\n<\/ul>\n In addition, other rules bolivian touching tangentially the subject computer science: for example, the Act 164 of Telecommunications (2011)<\/b><\/span> regulated aspects of digital signature, e-commerce and data communication, and the Law 3325, 2006<\/b><\/span> addressed child pornography in digital environments. However, none of them creates criminal offences new behaviors specific computer, beyond adequate crimes traditional to the Internet (as in the case of child pornography).<\/p>\n In synthesis, the penal framework bolivian current is extremely limited compared to the cybercrime<\/b><\/span>. The articles 363 bis and ter \u2014dating back more than two decades ago\u2014 are considered \u201ctoo traditional and not adjusted adequately to the reality of social and technological change in the country\u201d<\/i>, perceiving its content as general and unclear. <\/b><\/span>For example, the article 363 ter speaks of \u201cusing data to others without authorization causing prejudice\u201d, but does not define if it includes the identity theft in social networks or the appropriation of digital profiles, which leaves room for interpretations. To do so would contravene principles of criminal fundamental as the taxatividad and legal certainty, which requires precise definitions of prohibited conduct.<\/p>\n In fact, in the judicial practice bolivian recent, many behaviors impersonation of digital identity<\/b><\/span> have been framed forcefully in types traditional criminal court, with unsatisfactory results. For example, when a fraudster takes control of the account of Facebook or WhatsApp of someone else and cheating on their contacts to send money, prosecutors attempt to process the fact as common scam. However, \u201cthe computer manipulation of the account and identity theft as a means to commit fraud do not always fit perfectly in the constituent elements of a criminal offence of cheating\u201d. <\/i>Similarly, if someone creates a fake profile to defame another person, is used to crimes against honor (libel, slander) or via constitutional protection of the privacy, but these figures do not consider the particularities of the diffusion anonymous on digital platforms. <\/i>In other words, the legislation in force presents gaps<\/b><\/span> that prevent subsume accurately the new illegal conduct, generating grey zones of impunity. This reality motivated attempts of penal reform to modernize the classification, as detailed below.<\/p>\n <\/p>[\/et_pb_text][et_pb_text _builder_version=\u00bb4.27.4″ _module_preset=\u00bbdefault\u00bb custom_margin=\u00bb||10px||false|false\u00bb hover_enabled=\u00bb0″ global_colors_info=\u00bb{}\u00bb theme_builder_area=\u00bbpost_content\u00bb sticky_enabled=\u00bb0″] <\/p>[\/et_pb_text][et_pb_text _builder_version=\u00bb4.21.0″ _module_preset=\u00bbdefault\u00bb header_4_font_size=\u00bb20px\u00bb custom_margin=\u00bb||||false|false\u00bb global_colors_info=\u00bb{}\u00bb theme_builder_area=\u00bbpost_content\u00bb] Conscious of the need to update the regulations, the bolivian State enacted on December 15, 2017, the Law N\u00b0 1005 (Code of Penal System)<\/b><\/span>, which replaced integral to the Criminal Code of 1972. This new code \u2014which should enter into force after 18 months of vacatio legis<\/i>\u2014 included for the first time specific title dedicated to computer crime<\/i> and adapted numerous types of offences to the digital age. The Law, however, 1005 never came to rule: he faced a strong rejection of social and from different sectors (medical, carriers, and the press, among others), which led to a few months after the Government promote your cancellation. Thus, by the Law N\u00b0 1027 January 25, 2018<\/b><\/span> is repealed completely<\/i> the Code of the Criminal justice System prior to its entry into force, returning to Bolivia, the validity of the old Penal Code of 1972 (preserving, therefore, only the both plain items 363 bis and ter on computer crimes).<\/p>\n The frustrated Law 1005<\/b><\/span> represented a missed opportunity to modernize the criminal definition in the field of digital. In his Section IV related to computer crimes<\/i>the project incorporates figures as the personal data breach<\/i>the electronic scam, counterfeit computer science, among others (armoniz\u00e1ndolas with international standards of harmfulness). Although it was not implemented, their existence showed the <\/span>will of the legislator bolivian update of the penal framework<\/b>. The abrogation sudden this reform left a legal vacuum: Bolivia returned to a rules-of-date, <\/span>without criminal offences specific to phenomena such as the impersonation of digital identity, phishing, spreading not consensual, private data, etc<\/b><\/p>\n As a result, today the criminal law bolivian<\/i> is widely perceived insufficient to address computer crime<\/b><\/span>. The Delegation of bolivia to the UN recognized in 2019 the existence of \u201ca legal vacuum product of the non-applicability of the laws existing to the new offences\u201d<\/i> committed using digital technologies, highlighting the urgent need to review and update the regulations. This gap regulations contrasts with the legal developments that have taken place in other Latin american countries, which have adopted specific legislation on cybercrime. Below, we present a comparison with the legal frameworks of Peru, Colombia and Argentina, whose experiences are illustrative.<\/p>\n <\/p>[\/et_pb_text][et_pb_text _builder_version=\u00bb4.27.4″ _module_preset=\u00bbdefault\u00bb custom_margin=\u00bb||10px||false|false\u00bb hover_enabled=\u00bb0″ global_colors_info=\u00bb{}\u00bb theme_builder_area=\u00bbpost_content\u00bb sticky_enabled=\u00bb0″] <\/p>\n The legal answer to the crime of impersonation of digital identity and illicit use of data<\/b><\/span> has varied in the region. While Bolivia does not yet have a figure penal express such behaviors, neighbouring countries have reformed their criminal codes or enacted special laws in the last decade to address them more directly.<\/span><\/p>\n Peru<\/b><\/span>: Adopted in 2013 Law N\u00b0 30096 \u2013 cybercrime Law<\/i>that typifies a variety of cybercrimes in a detailed way. Of particular relevance is the crime of impersonation of digital identity<\/b><\/span>, enshrined in article 9. This precept, sanction, to whom, \u201cusing digital technologies impersonates the identity of a natural or legal person, provided that such conduct is some prejudice\u201d<\/i>, with penalties of 3 to 5 years of prison<\/b><\/span>(fester to 6 to 9 years if the victim is a minor). Peru, therefore, explicitly recognizes the identity theft online as a figure criminal autonomous, separate from the fraud that is traditional, which has made it easier to prosecute cases of fake profiles on social networks, fraudulent e-mails (<\/span>phishing<\/i>), etc., in Addition, the peruvian legislation contemplates crimes complementary as the unlawful access to computer systems, the adulteration of data and the traffic of personal information, with penalties commensurate with the severity and the damage caused. <\/span>This modernization regulations placed Peru at the forefront regional criminal protection against the encroachment of digital identity.<\/span> Colombia<\/b><\/span>: Implemented in 2009 <\/span>Law 1273<\/i>, which amended its Criminal Code by integrating a chapter of computer crimes. Although Colombia does not have a figure called \u201cphishing\u201d exactly the same as the peruvian, your code represses behaviors equivalent by several articles. For example, the <\/span>Article 269F<\/b><\/span>penalizes the <\/span>\u201cto obtain, provide, use, or modify personal data contained in databases without authorization and for-profit or for the benefit of third parties\u201d, <\/i>protecting your personal information against misuse. Also, the <\/span>Article 269I<\/b><\/span> typifies the <\/span>\u201ctheft by computer media\u201d<\/i>, which explicitly includes the act of <\/span>\u201cto circumvent security measures, or <\/i>impersonate a user<\/i><\/b><\/span> to steal the assets of others\u201d. <\/i>This last provision covers cases where the offender is transferred by another person in a computer system (for example, using your credentials) to commit a robbery, which covers, in practice, many cases of <\/span>fraud by impersonation digital<\/b><\/span>. In addition, Colombia punishes access for abusive systems (art. 269A), the interception of data (269b to merge), damage to computer (269D), the introduction of <\/span>malware<\/i> (269E) and the creation of fake websites or <\/span>phishing<\/i> (269G). <\/span>The framework colombian is, therefore, quite complete: not only protects the confidentiality of data and digital identity, but also <\/span>typifies schemes typical of attack<\/b><\/span> (hacking, phishing, etc), with penalties ranging usually between 4 and 8 years in prison for these crimes. <\/span>It should be noted that, in spite of their legislation advanced, Colombia (like Peru) complements their efforts with an active policy of cybersecurity and has acceded to the Budapest cybercrime Convention, facilitating international cooperation in the matter.<\/span> Argentina<\/b><\/span>: Amended its Criminal Code by the <\/span>Law 26.388 2008<\/i>incorporating various computer crimes in line with the Convention of Budapest. The reform of argentina introduced the <\/span>illegal access to computer systems<\/b><\/span>(introducing the art. 153 bis C. P.), the <\/span>hurt or computer sabotage<\/b><\/span> (art. 183 subsection 6 C. P.), the <\/span>interception of electronic communications<\/b><\/span> and several assumptions of <\/span>computer fraud. <\/i>For example, it is penalized <\/span>obtaining and unauthorized disclosure of confidential data<\/b><\/span> and the <\/span>impersonation of web sites<\/b><\/span> to capture information (behaviours comparable to the phishing). Although Argentina is not explicitly defined as a crime of \u201cdigital identity\u201d, its regulations allows them to pursue the usurpation of personality online through types as the ideological falsity, fraud by deception computer or the use of a digital document of others. In particular, the traditional figure of <\/span>usurpation of civil identity<\/i> (art. 138 C. P., referring to assume marital status, or fake identity) could be applied to certain cases of theft of digital identity, complemented with the new figures computer when media systems. The argentine law also increased the penalties if the computer crimes affecting public services or involving children (for example, the distribution of child pornography on the Internet is severely punished). Notwithstanding these advances, lawyers argentine indicate that <\/span>persist gaps<\/b><\/span>, and continuously emerging new forms of attack are not provided for in existing laws, which has led to projects to update again by the Criminal Code and to lift some sanctions. <\/span>In addition, Argentina has a scaffolding legal more robust than Bolivia, but it keeps evolving to meet the innovations of crime.<\/span> The regional comparison evidence that Bolivia is located behind<\/b><\/span> in the definition of computer crime. While Peru has already punishes directly impersonation of digital identity and Colombia\/Argentina have the legal tools to pursue the misuse of data and cyber frauds, Bolivia operates with types of crimes-general of limited scope. This situation has been advised by specialists: the country is not even part of the Convention de Budapest (2001)<\/i> on cybercrime, unlike Peru who has subscribed <\/span>, which also limits international cooperation in research of these transnational crimes. International experts have emphasized that the legislation bolivian \u201cit shows a limitation in the definition and regulation\u201d<\/i> of cybercrime, urging to adapt to technological changes to meet social needs and to ensure legal certainty.<\/p>\n Below, you gather opinions of jurists bolivian and international discusses the deficiencies in the framework of criminal law current in Bolivia<\/b><\/span> and propose ways of improvement, laying the groundwork for the legal reform that arises.<\/p>\n <\/p>[\/et_pb_text][et_pb_text _builder_version=\u00bb4.27.4″ _module_preset=\u00bbdefault\u00bb custom_margin=\u00bb||10px||false|false\u00bb hover_enabled=\u00bb0″ global_colors_info=\u00bb{}\u00bb theme_builder_area=\u00bbpost_content\u00bb sticky_enabled=\u00bb0″] <\/span><\/p>\n The legal community agrees diagnose serious deficiencies in the framework of criminal law bolivian against cybercrime<\/b><\/span>. On the one hand, national specialists highlighted the obsolescence and poor coverage of the types of criminal force; on the other, international experts point to the decoupling of Bolivia from the global standards in the field. These are some of the critical points mentioned:<\/span><\/p>\n Insufficient coverage and lack of typing expressed<\/b><\/span>: As mentioned, Bolivia only has two computer-related crimes in the Criminal Code (arts. 363 bis and ter). The Foundation Building<\/i>in a diagnosis of 2021, noted that such a situation leaves atypical<\/i> many unlawful conduct digital, \u201cmaking a qualifying legal-individualized criminal\u201d<\/i> and allowing a high black figure of crime unpunished<\/b><\/span>because facts are not described explicitly in the criminal law cannot be punished without violating the principle of legality (nullum crimen, nulla poena sine lege<\/i>) <\/span><\/span>. This results in practical difficulties for processing cases of phishing, hacking, theft of network profiles, extortion, by electronic means, etc, that are outside the scope of the traditional figures.<\/p>\n<\/li>\n Evidentiary issues, and persecution<\/b><\/span>: Jurists bolivians as Rigoberto Paredes (legal study) indicate that, in addition to the lack of criminal offences, there are obstacles such as the low complaint<\/b><\/span> of these offences, and the complexity to identify authors. Many victims do not report out of fear or ignorance, and \u201cthe cases that go to trial are often dismissed for lack of sufficient evidence, or because you can not give to the authors\u201d<\/i>given the facilities of anonymity on the Internet and the frequent location of the servers on the outside <\/span>. The absence of robust protocols for digital research in the Police and Prosecutor's office exacerbates the problem. In this regard, the attorney Erick Iriarte (Peru) stressed that Bolivia needs to modernize its technical capabilities and to adhere to international conventions, because in the digital age, the cross-border cooperation<\/b><\/span> it is crucial to track evidence and responsible <\/span><\/span>.<\/p>\n<\/li>\n Failure to update regulations and the principle of taxatividad<\/b><\/span>: The doctrine of criminal emphasizes that the law should keep up with the evolving social and technological. In Bolivia, the gap is obvious. Professor V. C. Arequipa Bars looks at the types of criminal computer bolivians are so generic that do not comply with the requirement of precision of the criminal law, creating legal uncertainty <\/span><\/span>. It also warns that it is \u201cessential that a criminal act to comply with the principles of taxatividad, certainty and booking of law\u201d<\/i>, which is currently not happening in Bolivia with regard to computer crimes <\/span>. This view is shared by international experts: the Organization of American States (OAS)<\/i> it has urged the countries left behind to update its legislation following the guidelines of the Convention of Budapest, so clearly crimes such as unlawful access, computer sabotage, fraud, digital and abuse of personal data Recent statistics of computer crimes in Bolivia
Legislation bolivian current in the field of computer crimes
Current Criminal code and current scope<\/strong><\/h4>\n
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<\/span><\/p>\n<\/li>\nHistory failed: the Code of the Criminal justice System (Law 1005) and its abrogation<\/b><\/h4>\n
Comparative legal frameworks of Peru, Colombia and Argentina<\/h1>\n<\/div>\n
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<\/span><\/p>\n<\/li>\n<\/ul>\nShortcomings of the framework bolivian criminal and proposals for improvement, according to experts<\/b><\/h4>\n
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