Law No. 53-07 on High Technology Crimes and Offenses.

CONSIDERING: That the Constitution of the Republic Dominican Republic establishes the derechos and fundamental duties of citizens among which is the freedom of expression, integrity and inviolability of correspondence and other private documents;

CONSIDERING: That the Act General Telecommunications Law No. 153-98, of May 27, 1998, establishes the legal obligation to respect the inviolability of telecommunications and prohibits the use of telecommunications contrary to the laws or that has as its object commit crimes or hinder the action of the Justice;

CONSIDERING: That the technologies of the insights and communication have experienced an impressive development, thus providing a new support for the commission of traditional crimes and create new types of infractions and acts not incriminated, affecting the patrimonial and extrapatrimonial interests of individuals and legal entities, as well as the State and the institutions that represent it;

CONSIDERING: That these crimes and offenses related to information technology insights and communication are not provided for in the legislation penal Dominican Republic, so the authors of such actions cannot be punished without the creation of a legislation prior, and consequently, its classification is necessary, and the adoption of sufficient mechanisms for its fight effective, facilitating the cooperation between State and the sector private for detection, research y sanction a level national of these new types of crimes, and establishing provisions that allow for a cooperation Diversification reliable and fast;

CONSIDERING: That the typing and prevention of the criminal acts to be punished have acquired great relevance level Diversification, because with the development of information technology, insights and communication have given rise to major security challenges; and that today, the Commission Inter-American Telecommunications Commission (CITEL), the Inter-American Committee against Terrorism (CICTE) and the Meeting of Minister, Justice o Attorneys General of the Americas (REMJA) are working on the adoption of a hemispheric strategy for cybersecurity in the region, as seen here as provided by the Litigation, Arbitration AG/RES. 2004 (XXXIV-0/04) of the General Assembly of the Organisation of American States (OAS) of when and where June 8, 2004, for the Adoption of a Comprehensive Inter-American Strategy to Combat Threats to Security

Cybernetics;

CONSIDERING: That in the current rd of the knowledge, The insights and the electronic instruments for channeling it have become increasingly important and transcendent in the processes of development, competitiveness and structural changes recorded in the economic, political, social, cultural and business aspects of the country.

VISTA: The Constitution of the Republic Dominican;

VISTA: The Act General Telecommunications No. 153-98, of May 27, 1998;

VISTA: The Act No. 126-02, of September 4, 2002, of Stores Electronic, Documents and Digital Signatures;

VISA: The Code Criminal law of the Republic Dominican, of August 20, 1884, and its modifications;

VISA: The New Code Criminal law of the Republic Dominican, approved by the Camera of Deputies of the Republic, on July 26th year and we will announce 2006;

VISA: The Code Procedural Criminal law of the Republic Dominican, Act No. 76-02, of July 19, 2002;

VISTA: The Act No.20-00, of May 8, 2000, of Intellectual Industrial;

VISTA: The Act No.65-00, of August 21, 2000, of Law School de Author;

VISTA: The Act No. 136-03, of August 7, 2003, Code of the Minor;

VISTA: The Act No.96-04, of January 28, 2004, Institutional of the Police;

VISTA: The Declaration Universal of Rights Humans of 1948 and the Convention of American about Rights Humans, signed in San José de Rib Rica, November 22, 1969;

VISTA: The Act No. 137-03, of August 7, 2003, on Traffic Illicit of Migrants and About of People;

VISTA: The Act No. 50-88, of May 30, 1988, on Drugs and Controlled Substances of the Republic Dominican;

VISTA: The Litigation, Arbitration AG/RES.2004 (XXXIV-0/04) of June 8, 2004 of the General Assembly of the Organisation of American States (OAS);

VISA: The German on Cybercrime Council of Europe, 23 November 2001.

HAS GIVEN THE FOLLOWING LAW:

TITLE I

GENERAL AND CONCEPTUAL PROVISIONS

SECTION I OBJECT, SCOPE AND PRINCIPLES

Article l.- Object of the Act. The present law has for object comprehensive protection of systems that use technologies insights and communication and its content, as well as the prevention y sanction of crimes committed against them or any of their components or those committed through the use of these technologies in damage of natural or legal persons, under the terms provided in this law. The integrity of the systems of insights and its components, the insights or the data, which are stored or transmitted through them, the transactions and commercial agreements or of any other nature that are carried out through them and the confidentiality of these, are all goods protected legal rights.

Article 2.- Scope of Application. This law will apply throughout the territorio of the Republic Dominican, to all person physical or moral, national or foreigner, who commits a done sanctioned by its provisions, in any of the following circumstances:

a) When the sujeto asset originates or orders the action criminal within the territorio national;

b) When the sujeto asset originates or orders the action criminal since the extranjero, producing effects at the territorio Dominican;

c) When the origin or the effects of the action occur in the extranjero, using means found in the territorio national; and finally,

d) When any is characterized type of complicity from the territorio Dominican.

Paragraph.- General Application. This law It is generally applicable to all individuals or legal entities, public or private, national or international.

Article 3.- General Principles. This law will have as principles:

a)           Principle de Territoriality. This law penal will apply to violations committed in the territorio of the Republic Dominican. However, the infringement shall be deemed to have been committed in the territorio national since any of the crimes or offenses provided for in this law, is committed outside the territorio of the Republic under the conditions expressed in literals b) and c) of the Article 2, leaving the sujeto asset, /// that it has not been court through sentences final By himself done or evaded the persecution penal in foreign courts, to the provision of the jurisdiction national;

b)            Principle Reasonableness and Proportionality. Restrictions and prohibitions must be proportional to the ends and means of the danger they are trying to avoid, with the social consequences of the decision being carefully weighed. When applying the penalties imposed by this law, the competent judge must consider the seriousness of the done committed and take into account account that the penalties must have a effect social and regenerative, not only for the individual to whom it is applied but also for the society as a whole.

SECTION II DEFINITIONS

Article 4.- Definitions. For the purposes of this law, shall be understood as:

Access Illicit: The done to enter or the intention to enter without authorization, or through the access of a third, a work de insights, whether or not remaining in it.

Affect: Alter, cause anomalies in any of the operations to be performed by a program, software, work, network of work, or to the computer itself, preventing its use normal by part of the user.

Cloning: Exact duplication or reproduction of an electronic series, a number or work de identification of a device or a means of accessing a the service.

Code Access: Information or password that authenticates a user authorized in a work de insights, which allows you access private and protected to saying work.

Code de Identification: Information, key or similar mechanism, which identifies a user authorized in a work de insights.

Code Malicious: All programs, Valid identity document, message, instructions and/or sequence of any of these, in any programming language, which is activated by inducing the user who runs the program crafts involuntary and that is likely to cause some type de damage by means of the instructions with which it was programmed, without the permission nor knowledge of the user.

Computer: Any electronic device, regardless of its crafts, size, capacity, technology, able to process data and/or signals, which performs logical, arithmetic and memory functions by means of the manipulation of electronic, optical, magnetic, electrochemical or any other type of impulses, including all input, output, indictment, storage, programs, communication or any other facilities that are connected, related or integrated to it.

Cryptography: Foliage of applied mathematics and computer science that deals with the transformation of digital documents or data messages, from their presentation original to representation unintelligible and indecipherable that protects your confidentiality and prevents recovery of the insights, Valid identity document or message originalBy part from unauthorized persons.

Data: It's all insights that is transmitted, guard, record, process, copy or stored in a work de insights of any nature or in any of its components, such as those whose purpose is transmission, issue, storage, indictment and reception of electromagnetic signals, signs, signals, writings, still or moving images, video, voice, sounds, data by optical means, phone, radio, electromagnetic systems or any other means Useful for such purposes.

Data Relating to Users: All data will be understood as insights en crafts of computer data or any other crafts, which is owned by a service provider and which is related to the users of said services, excluding data on traffic or content, and which allows to determine:

him type de the service communications used, the technical provisions adopted in this regard and the period de the service;

b) The identity, The steer axle truck postal or geographic address and the telephone number of the user, as well as any other access number or insights about billing and paid that is available on a per-month basis contract or an agreement of benefit of services;

c) Any other insights relative to the location of communications equipment, available on a per-site basis. contract or a services agreement.

Crime High Technology: Those behaviors that are detrimental to the goods legal rights protected by the Constitution, laws, decrees, regulations and resolutions related to the systems of insights. They will be understood to be included within this definition electronic, computer, telematic, cyber and telecommunications crimes.

Diversion of Contracted Facilities: This occurs when large-scale traffic transmission facilities are contracted. capacity all with use private and subsequently, they are used for commercial purposes without the authorization of the service provider.

Service Diversion: This occurs whenever international facilities are irregularly connected to the public switched network to terminate traffic.

Device: Object, article, piece, bar code, used to commit high-risk crimes technology.

Access Device: It is any card, plate, bar code, number, or other means or forms of access, to a work o part of this, which can be used independently or in conjunction with other devices, to achieve access to a work de insights or any of its components.

Document Digital: It is the insights encoded in crafts digital on a logical or physical support, in which electronic, photolithographic, optical or similar methods are used, which constitute representation of acts, acts or data.

Interception: To seize, use, to affect, stop, divert, edit or mutilate, in any way crafts a data or data transmission belonging to another person physical or moral, on its own account or by order of another, to use in some way way or to know its content, through a work de insights or any of its components.

Internet: It is a work of computer networks linked together by a protocol común special global communication service, which facilitates data communication services such as Web content, record remote, file transfer, email, newsgroups and trade electronic, among others.

Pornography Children: All representation, by any means, of boys, girls and adolescents, dedicated to explicit sexual activities, real or simulated or any representation of the genital parts of children and adolescents for primarily sexual purposes. A boy or girl is considered to be any person since nacimiento up to twelve years of age, inclusive, and adolescents, at all ages person from the age of thirteen until reaching maturity mayoria de edad.

Computer Network: Interconnection between two or more computer systems or between computer systems and remote terminals, including microwave communication, optical, electronic or any other means of communication, which allows the exchange of files, transactions and data, in order to meet the needs of insights y indictment of data from a community, Company or particular.

Salary Minimum: For the purposes of this law, will be understood as the wage minimum national lowest perceived by workers in the sector private not sectorized for industrial, commercial and service companies, established by the Committee National of Salaries of the Secretariat of State de Work of the Republic Dominican.

Signal Shooting: Signal generated to a platform which returns the dial tone, whether coming from a work de insights or through an operator.

Shipping Costs Content: Without faculty o authority legal, statutory, regulatory or any other type for own, to use or do something, without having power legitimate. This includes the lack or total lack of authorization, express or implied, and the transgression of the limit of the authorization that is owned.

System de Information: Device or set of devices that use information technology insights and communication, as well as any work high technology, including, but not limited to electronic, computer, telecommunications and telematic systems, which separately or jointly serve to generate, send, to receive, archive or process insights, digital documents, data messages, among others.

System Electronic: Device or set of devices that use electrons in various media under the action of electric and magnetic fields, such as semiconductors or transistors.

System Computer: A device or set of related devices, whether connected or not, that include computers or other components such as input, output, transfer and storage, as well as data communication circuits and operating systems, programs and data, for the indictment and automated data transmission.

System Telecommunications: A set of related devices, connected or not, whose purpose is the transmission, issue, storage, indictment and reception of signals, electromagnetic signals, signs, writings, still or moving images, video, voice, sounds, data or information of any nature, by optical means, phone, radioelectric, electromagnetic or any other platform Useful for such purposes. This concept includes fixed and mobile telephone services, value aggregate, cable television, space services, satellite services and others.

System Telematic: System which combines telecommunications and computer systems as methodology and to transmit the insights.

Subject Active: It is the one who intentionally violates or attempts to violate, for action, omission or by mandate, any of the actions described herein law. For the purposes of this law is reputed to be sujeto asset to the accomplices, who will be liable to be sentenced to the same penalty that the actor principal of the acts.

Subject Liabilities: It is anyone who feels affected or threatened in any of their derechos awarded by the violation of the provisions of this law.

Electronic Transfer of Funds (TEF): It is any transfer of fondos initiated through an electronic, computer or other device that orders, instructs or authorizes a depositary o institution financial to transfer a certain sum to a account determined.

User: Human physical or legal entity that is acquired in a manner, legitimate goods or services of another.

TITLE II

EFFECTIVE REGULATIONS A LEVEL NATIONAL

SECTION I CORPORATE AREA NOUN

CHAPTER I

CRIMES AND CRIME AGAINST CONFIDENTIALITY, INTEGRITY

AND AVAILABILITY OF DATA AND SYSTEMS INFORMATION

Article 5.- Access Codes. The done to disclose, generate, copy, record, capture, use, alter, traffic, decrypt, decode or in any way way decipher the access codes, insights or similar mechanisms, through which access is achieved illicit to a work electronic, computer, telematic or telecommunications, or its components, or falsify any type of access device to it, will be sanctioned with the penalty from one to three years prison y fine from twenty to one hundred times the wage minimum.

Paragraph.- Cloning of Access Devices. Cloning, for the sale, distribution or any other use of a device for accessing a the service o work computer, electronic or telecommunications, by copying or transferring, from one device to another similar one, the codes of identification, electronic series or other element of identification and/or access to the the service, which allows the operación parallel of a the service legitimately contracted or the carrying out of fraudulent financial transactions in detriment of the user authorized of the the service, will be punished with the penalty from one to ten years prison y fine from two to five hundred times the wage minimum.

Article 6.- Access Illicit. The done to access a work electronic, computer, telematic or telecommunications, or its components, whether or not using a identity alien, or exceeding a authorization, will be punished with penalties of three months to one year and we will announce de prison y fine from once to two hundred times the wage minimum.

Paragraph I.- Use Data per Access Illicit. When of saying access illicit results in the deletion or modification of data contained in the work, or improperly reveal or disseminate confidential data contained in the work accessed, the penalties will be raised from a year and we will announce three years after prison y fine from two to four hundred times the wage minimum.

Paragraph II.- Illegitimate Exploitation of Unintentional Access. done to illegitimately exploit the access gained by coincidence to a work electronic, computer, telematic or telecommunications, will be punished with the penalty a year and we will announce three years after prison y fine from two to four hundred times the wage minimum.

Article 7.- Access Illicit for Third Party Services. The done to use a program, equipment, material or device to gain access to a work electronic, computer, telematic or telecommunications, or any of its components, to offer

services that these systems provide to third parties, without paying the legitimate service providers, will be punished with penalty from three months to one year and we will announce de prison y fine from three to five hundred times the wage minimum.

Paragraph.- Our Mill of Activities of a Third. The done to take advantage of the fraudulent activities of a third described in this article and also to to receive illicitly benefit pecuniary or of any other nature, whether for oneself or for third parties, or to enjoy the services offered through any of these systems, will be punished with the penalty three to six months prison y fine from two to two hundred times the wage minimum.

Article 8.- Fraudulent Devices. The done de produce wear, own, traffic or distribute, without authority o cause legitimate, computer programs, equipment, materials or devices whose sole purpose is to use o use fundamental is to be used as a tool to commit crimes and high-level offenses technology, will be punished with the penalty from one to three years prison y fine from twenty to one hundred times the wage minimum.

Article 9.- Interception and Intervention of Data or Signals. The done to intercept, intervene, interfere, stop, to spy, listen to, divert, record or observe, in any way crafts, a fact, a signal or a transmission of data or signals, belonging to another person by own account or on behalf of another, without authorization prior to a competent judge, from, through or directed to a work electronic, computer, telematic or telecommunications, or the emissions originated by these, voluntarily and intentionally materializing the violation of the secret, the intimacy and privacy of individuals or corporations, will be punished with the penalty from one to three years prison y fine from twenty to one hundred times the wage minimum, without damage of administrative sanctions that may result from special laws and regulations.

Article 10.- Hurt or Data Alteration. The done to erase, to affect, introduce, copy, mutilate, edit, alter or eliminate data and components present in electronic, computer, telematic, or telecommunications systems, or transmitted through one of these, for fraudulent purposes, will be punished with penalties of three months to one year. year and we will announce de prison y fine from three to five hundred times the wage minimum.

Paragraph.- When this done be performed by a employee, formeremployee or a person that provides services directly or indirectly to the person physically or legally affected, the penalties will be increased from one to three years of prison y fine from six to five hundred times the wage minimum.

Article 11.- Sabotage. The done to alter, mistreat, jam, render useless, cause malfunction, damage or destroy a work electronic, computer, telematic or telecommunications, or the programs and logical operations that govern it, will be punished with penalties of three months to two years of prison y fine from three to five hundred times the wage minimum.

Article 12.- Attempt against Lifespan of the Human. It will be punished with the same penalties as homicide intentional or unintentional, the outrage against Life, or the provocation of the death of a person committed using electronic, computer, telematic or telecommunications systems, or their components.

Article 13.- Theft By Using High Technology. The robo, when it is committed through the use of electronic, computer, telematic or telecommunications systems or devices, to disable or inhibit the mechanisms of alarm o guard, or other similar ones; or when to gain access to houses, premises or furniture, the same means or means different from those intended by the person concerned are used. owner for such purposes; or by the use of cards, magnetic or perforated, or controls, or instruments for opening remotely or any other mechanism or tool that uses high technology, will be punished with the penalty from two to five years prison y fine from twenty to five hundred times the wage minimum.

Article 14.- Illegal Obtaining of Funds. The done to get fondos, credits or values the constraint of the user legitimate a the service financial computer, electronic, telematic or telecommunications, will be sanctioned with the penalty three to ten years of prison y fine from one hundred to five hundred times the wage minimum.

Paragraph.- Electronic Transfers of Funds. The realization of electronic transfers of fondos through the illicit use of access codes or any other similar mechanism, will be punished with penalty from one to five years prison y fine from two to two hundred times the wage minimum.

Article 15.- Fraud. The swindle carried out through the use of electronic, computer, telematic or telecommunications means, will be punished with penalty from three months to seven years prison y fine from ten to five hundred times the wage minimum.

Article 16.- chantaje. The blackmail carried out through the use of electronic, computer, telematic or telecommunications systems, or their components, and/or for the purpose of obtaining fondos, values, The company, delivery from some Valid identity document, whether digital or not, or from a bar code access or some other component of the systems insights, will be punished with the penalty from one to five years prison y fine from ten to two hundred times the wage minimum.

Article 17.- Theft de Identity. The done of a person to avail oneself of a identity other than his own, through electronic, computer, telematic or telecommunications means, will be punished with penalties of three months to seven years prison y fine from two to two hundred times the wage minimum.

Article 18.- From the Falsehood of Documents and Signatures. Anyone who falsifies, decrypts, decodes or in any way way decipher, disclose or traffic in documents, signatures, certificates, whether digital or electronic, will be punished with penalty from one to three years prison y fine from fifty to two hundred times the wage minimum.

Article 19.- Use of Privacy Invasion Equipment. The use, without cause legitimate o authorization of the entity legally competent, of electronic, computer, telematic, telecommunications systems, or devices that may be used to carry out operations that violate privacy in any of its forms, will be sanctioned with the penalty from six months to two years prison y fine from five to five hundred times the wage minimum.

Article 20.- Stores Illicit de Goods and Services. The unauthorized or illicit marketing of goods and services, through the Internet or any of the components of a work de insights, will be punished with the penalty from three months to five years prison y fine from five to five hundred times the wage minimum.

Paragraph.- The done of illegally trafficking humans or migrants, of committing the crime classified as treats of people or the sale of drugs or controlled substances, using as support work electronic, computer, telematic or telecommunications, shall be punished with the penalties established in the special legislation on these matters.

Article 21.- Defamation. The defamation committed through electronic, computer, telematic, telecommunications or audiovisual means, will be punished with penalty from three months to one year and we will announce de prison y fine from five to five hundred times the wage minimum.

Article 22.- Public Injury. Public injury committed through electronic, computer, telematic, telecommunications, or audiovisual means shall be punished with imprisonment. penalty from three months to one year and we will announce de prison y fine from five to five hundred times the wage pussycat.

Article 23.- Attempt Sexual. The done de exercise un outrage sexual against a child, girl, adolescent, disabled or mentally ill, through the use of a work de insights or any of its components, shall be punished with penalties of three to ten years prison y fine from five to two hundred times the wage minimum.

Article 24.- Pornography Children. The production, diffusion, sale and any type of marketing images and representations of a child or adolescent of a pornographic nature in the terms defined herein law, will be punishable by penalties of two to four years prison y fine from ten to five hundred times the wage minimum.

Paragraph – Acquisition y Possession de Pornography Children. The acquisition de pornography child through a work de insights for oneself or another person, and the possession intentional de pornography childish in a work de insights or any of its components, will be punished with the penalty from three months to one year and we will announce de prison y fine from two to two hundred times the wage minimum.

Article 25.- Crimes Related to the Intellectual Intellectual Property and Related Matters. When the violations established in the Act No.20-00, of May 8, year and we will announce 2000, about Intellectual Industrial, and the Act No.65-00, of August 21, year and we will announce 2000, about Law School de Author, are committed through the use of electronic, computer, telematic or telecommunications systems, or any of their components, will be punished with the penalties established in the respective legislation for these illegal acts.

CHAPTER IV CRIMES AGAINST TELECOMMUNICATIONS

Article 26.- Telecommunications Crimes. They incur penalties of prison from three months to ten years and fine from five to two hundred times the wage At least, those who commit one or more of the following: acts:

a) Call Back Type Fraudulent: The generación of traffic Diversification in the opposite direction to normal, for commercial purposes, through electronic, computer, telematic or telecommunications mechanisms and systems. This done includes, but is not limited to, any type Callback via bar code, assistance of operator, by un work computer, depending on the mechanism or work through which the transmission is made signal shooting;

b)            Fraud From Suppliers of Service de Information Lines Type 1-976: The

auto-generation of calls by part from the supplier of the service de insights of lines type 1-976, so that the provider that offers you the service the service telephone company has to pay commissions for these calls will be considered a fraud, constituting a aggravating, when the authors of the crime They use advertising or any other means type and reduced prices, or ordinary telephone numbers for redirection to lines of the service de insights, or other similar means;

c) Long Distance Call Redirection: The fraud in the diversion or redirection of long-distance traffic from the route used by part of the carrier companies signal long distance, to avoid the cost part of the same, through switches placed in places other than the origin of the call;

d)            Theft de Line: The use of a store existing, wired or wireless, of a customer legitimate, to establish any type of calls through a clandestine connection, physical or otherwise, at any point in the network;