Crimes against public order through internet. Por Diego Migliorisi

Crimes against public order through internet.

Incitement to commit crimes, defend crime, public intimidation.


Lawyer specializing in computer crime.

Lawyer specializing in computer crime.







Por Diego Migliorisi

Lawyer specializing in computer crime

Director Migliorisi Attorneys

Fundador de la Asociación Argentina de Lucha Contra el Cibercrimen

What happens in cyberspace, from and, It is not oblivious to what happens outside it, ie the different actions from within the web clearly produce direct effects in the population that each day has a greater dependence on cyberspace.

Either through social networks, blogs, opinion pages or portals online user can communicate, inform, expressed on either issue an incalculable speed viral effects of web platforms and browsers. For example, videos news or information notes on platforms like YouTube, Facebook, Tweets or news commentary published in online newspapers can be seen by hundreds of thousands of people in a matter of minutes depending on the wording of the published (either false profiles, anonymous or real) hardly produce a neutral effect on the receiver.

In my previous book "Crimes on the Web" (2014 Ed del Nuevo Extremo) stressed that lots of traditional crimes (before the information revolution) They can easily be set via the Internet. Among the many possible offenses and making a simple superficial analysis on the content in the Argentine and South American cyberspace I found an irrational rise of crimes against public order and incitement, described in Articles 209 and 209 bis of the Argentine Penal Code and the advocacy of crime, defined in Article 213 CPA.

In many cases, the cloak of pseudo anonymity offered by the web inhibitory potency spirits of those, in order to generate this or that situation, they would hardly open face, but across computing platforms in search of impunity.

For example, if from a profile on a social network group is created "looting supermarkets" calling looting supermarkets and / or trades clearly (there were real cases) the aim of the creators of the group is to urge possibly commit the crime of "robbery gang" as defined in article 167 CPA.

There may also be cases where it is called (through web tools) to occupy land, utilities block or attack an institution or to one or another person. Definitely, the offense is the same, configured from a megaphone in Florida and Corrientes (the heart of the City of Buenos Aires) or any social network or web platform of opinion that may have public access and that message is reliably recepcionado. Namely, with megaphone many people will hear instigating live and direct, but in the case of the network and / or posting comments on review portals, said even message- It comes more directly and literally, noting that I think social networks, open your pages or any user groups are street promotion with a more precise effect by other means instant quasi viralization.

Public incitement through the Internet can travel freely around the web, be replicated, republished elsewhere, namely, It generates an incalculable effect of receivers unlike other forms.

There have also been cases in publications aimed at attacking a certain person, group or institution for opinions or public actions in order to generate a wave of lone offenders or organized. In the latter case I call "cyber armies trend" and I have spent a good part of my upcoming book "deep web, anonymity and Internet censorship ".

In recent years, It has also promoted the use of platforms in light of terrorist groups threatening messages aimed at producing offenses.

Anyway, While it is common to see in cyberspace - more and more often- defamation, threats, discriminatory acts and other crimes, instigation is becoming a commonplace in this parallel universe, still the same crime within and outside.

In Title VIII of the Penal Code Argentino, Crimes against public order, we also found the public intimidation offense in Articles 211 and 212. In those articles, whose offense can also be configured via the Internet, provides for up to 6 years in prison "That, to instill a public fear or provoke riots or disorders, doeth signals, giveth voices alarm, threatens to commit a crime of common danger ". It is clear that public fear can be infused from computing platforms easily.

We also find the offense in Article 213 the Argentine Criminal Code (also present in all South American penal codes), I mean the "apology for crime" which carries penalties of up to one year in prison who he doeth publicly by any means the defense of a crime or convicted of a crime.

Por Finally, Article 213 bis defines "other breaches of public order who organizes or takes part in permanent or temporary groupings that, without being covered by Article 210 (conspiracy) This code, tuvieren accessories primarily intended to impose their ideas or fight others by force or fear, by the mere fact of being a member of the association. Here too, these actions can be configured via Internet. In many circumstances it may be observed matching of "Trend ciberejercitos" operating on the web for the purpose of attacking, to threat, terrorize authors note, articles and / or comments in order to combat the ideas expressed from fear and terror in search of silence. These acts of fear can be infused directly or indirectly through social networks, emails, blogs and other computing platforms. The organization to impart fear and voices silenced by fear with silencers effects may be a modus operandi on the rise in Latin America.

Definitely, to achieve a fairer society, tolerant, where no prime equitable violence either within or outside the web, this type of crime - that few opportunities are reported- They should be investigated at the same speed rotating web.

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