Case Law Database


Acts against the Confidentiality, Integrity and Availability of Computer, Data and Systems

• Illegal data/ system interference

Computer-related acts for personal or financial gain

• Fraud


• Electronic Evidence

Participation in an organized criminal group


• criminal association

Proceso No. 058-13-00719

Fact Summary

Criminal Charges:

“High-tech offenses” against the National Phone Company, violating articles 265 and 266 of P.C. and articles 7. 8, 20 and 26 of Law 53-09

Criminal Association

Victim: Compañia Dominicana de Telefonos S.A.

The events took place in August 2012. The Integral Management Protection Center reported the suspicious use of Dominican pre-paid phone lines to make international calls. Engineers on Technology Fraud from the Company affected (Claro Dominicana S.A.) initiated an investigation that showed that the pre-paid lines had been illegally converted into “post- pay” lines and had been used to generate calls to Chile, Cuba and other international destinations. The Company’s Advisor on Information Security identified the IP addresses where the illegal changes had been generated though the company’s intranet. This information was submitted to the Investigation on Security and Fraud Section where a request for electronic evidence analysis was issued. The ICT Forensic Analysts of the Department of Investigations of High-Technology Crimes confirmed that the illegal alterations in the lines had been made though an illegal interference with the previous version of the platform where the company´s services had been based. The lines were being used through the old platform to avoid related costs.

5 individuals were accused of violating articles 265 and 266 of P.C. and articles 7. 8, 20 and 26 of Law 53-09 on “high-tech offenses” against the National Phone Company.

SAGR, IDHP and WSH were convicted of “Electronic fraud” and sentenced to three years in prison. The sentence was suspended under the following conditions: Keeping a permanent residence, refraining from carrying any type of weapons, refraining from drinking alcoholic beverages.

Cross-Cutting Issues


... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)


Involved Countries

Dominican Republic

Procedural Information

Legal System:
Civil Law

Defendants / Respondents in the first instance

Number of other accused: