THE CRIME OF COMPUTER SCAM

Is it possible to determine the civil liability of the financial institution based on article 120.3 of the penal code as a consequence of «phishing»?

Abstract

Undoubtedly, new technologies, and mainly the use of the Internet, have brought about a revolution in all aspects of people’s lives. In turn, this way of relating to the Administration, with companies and among individuals has caused new problems and challenges unknown up to now. New technologies are also being used by organized crime, which is increasingly specialized and sophisticated, for their criminal purposes. This work tries to address the phenomenon of phishing and connect it with the reparation to the victim. To do this, we start from the analysis of the different techniques used by criminals and the description of this criminal phenomenon. The main characteristics of the crime of phishing and the possible subsidiary civil liability of financial institutions are analyzed when the crime has been committed in their establishments and there has been a violation of the regulations. This responsibility would arise from article 120.3 CP, and is different from the ex lege direct responsibility contained in Royal Decree-Law 19/2018, of November 23, which regulates the means of payment.