Criminal liability for digital manipulation for criminal purposes: A look at comparative digital law in Latin America

Abstract

In today's world, characterized by the hegemony of technology in all areas of social life, discussing criminal liability for digital manipulation with criminal intent in Latin America involves addressing a complex theoretical and practical field that in many ways goes beyond the old lines of conventional crime and delves into the rapid development of cyberspace within the constant structure of the digital society of the 21st century. For these reasons, the objective of the research was to analyze the scope and doctrinal significance of criminal liability for digital manipulation with criminal intent from the perspective of comparative Latin American digital law. To achieve this objective, legal hermeneutics was used within the framework of comparative law methodology. The results obtained allow us to conclude that there is no single definitive answer to the question: to what extent is it possible to attribute criminal responsibility when the perpetrator of the crime hides behind algorithms and dispersed networks? Rather, doctrine is constructing,  stumbling,  and  reinventing  the  bases of imputation and the legal right at stake, as real cases challenge legal frameworks that were believed to be secure.