New types of crime and their classification in the Argentine Criminal Code

Abstract

The rise of information technology has transformed everyday life, but it has also created fertile ground for the emergence of new crimes. In Argentina, cyber scams are one of the fastest-growing threats, affecting both individuals and public and private institutions. These criminal activities include financial fraud, identity theft, and computer manipulation, which cause significant economic damage and undermine digital trust. This paper analyzed the evolution of cyber scams, current legislation in the country, and its adequacy in the face of current technological challenges.
Development
Using a mixed approach, legal precedents such as Law 26.388 on computer crimes and adherence to the Budapest Convention were reviewed, in addition to the classification of computer fraud in the Penal Code. It was found that, although these regulations represented progress, they are insufficient in the face of new forms of digital deception. These include phishing, spear phishing, scamming, vishing, and pyramid schemes, which are enhanced by artificial intelligence and social engineering. A comparative study with foreign legislation (US, Japan, European Union) showed that Argentina lags behind in terms of regulations and needs to strengthen international cooperation, training for judicial operators, and public awareness.
Conclusion
Cyber scams require a comprehensive legal and technological response. The Penal Code needs to be reformed to criminalize specific behaviors such as identity theft and fraudulent use of social media. Only through updated laws, digital education, and inter-institutional coordination will it be possible to reduce the impact of these threats on Argentine society.