Dos tipos penales que conducen a la protección de un mismo bien jurídico tutelado (patrimonio económico)

Abstract

The issuance of Law 1273 of 2009 brought with it the construction of a new protected legal asset called “the protection of information and data”, in order to classify the conduct related to it and prevent computer crimes that had begun to take place. boom in society were subsumed into traditional crimes. However, the conduct added to the criminal law described in article 269I of the Penal Code “theft by computer and similar means” was not established autonomously, since to define its characteristics, material object, sanction and legal consequences, a textual reference is made. to the type of simple theft and its qualifying circumstances, contained in articles 239 and 240 of the criminal code. This relationship of strict dependence on the conduct of simple theft and qualified theft does not allow the main protected legal asset to be the protection of information but rather the economic assets, normative ingredients that are subsumed in article 240 Qualified Theft, in its numeral. 4, and therefore a double classification of the conduct.