Unlawful Access Of Computer Systems

Author:Mr Diego Fernandez and Ernesto O Farrell
Profession:Marval O'Farrell & Mairal
 
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The Federal Court of Appeals in Criminal Matters upheld a ruling that found the use of the accused's IP address decisive in determining his guilt.

Recently, the Federal Court of Appeals in Criminal Matters (the "Court") upheld a decision which found an accountant guilty of accessing a restricted computer system without permission(Federal Court of Appeals in Criminal Matters, "Ranieli, German Walter", Reg. No 178/17, March 30, 2017).

The facts of the case are as follows: Mr. Ranieli was accused of unlawfully accessing the websites of the Argentine Tax Authority through the accounts of his former employers and generating debt. The court of first instance found the accused guilty and sentenced him to 10 months suspended sentence for unlawfully accessing a computer system on two occasions in violation of Section 153bis of the Criminal Code.

Mr. Ranieli appealed, holding that his guilt had not been sufficiently demonstrated and that the fact that he was the individual to whom the IP address used to access the systems was assigned did not prove that he had conducted any activities personally.

Subsequently, the Court upheld the...

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