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In brief

Pursuant to Resolution MPF-SI No. 8/22, dated 27 December 2022, the district attorney of the Prosecutor’s Office (MPF) of the province of Buenos Aires created the Specialized Prosecutor Unit for the Investigation of Cybercrime (UFECI), which will have jurisdiction throughout the judicial department of San Isidro (composed of the localities of Pilar, San Fernando, San Isidro, Tigre and Vicente López).

The UFECI was created to address, in a more efficient and successful way, investigations related to highly complex criminal maneuvers. Regarding this type of case, the district attorney noted that there has been a considerable increase in crimes that are linked to the use of technology, either because they contain elements of a technological nature or because they are committed entirely in this way.


In focus

On 27 December 2022, the Office of the District Attorney of the MPF of the Judicial Department of San Isidro formalized the creation of a Specialized Prosecutor Unit for the Investigation of Cybercrime known by its Spanish acronym UFECI.

The launch occurs amid different jurisdictions also having specialized prosecutor offices for this type of investigation, such as the Specialized Cybercrime Prosecutor Unit (UFECI) of the national MPF and the Specialized Prosecutor Unit for Crimes and Computer Violations (UFEDyCI) of the city of Buenos Aires MPF.

The district attorney highlighted in its resolution the significant increase in the use of technological tools to commit crimes and to secure what was obtained and obfuscate the investigation. At the same time, the particular complexity of this type of criminal investigation and the need for specific intervention in order to tackle them were highlighted, considering the variety of technological components involved.

The resolution also indicates the importance of creating and strengthening links with information and communication technology organizations and companies (ICTs), highlighting that the course of the investigation often depends on the information that they obtain.

The UFECI will be focused on the investigation of criminal cases of breach of secrets and privacy (sections 153 bis, 155, and 157 of the Criminal Code); extortion, such as through the use of ‘ransomware’ (section 168 of the Criminal Code); or fraud committed by digital means (sections 172 and 173, inc. 15 of the Criminal Code). It will have specialized personnel and means for the investigation of these crimes, especially those of a patrimonial nature, in which an increasing use of technology is observed. This will help researchers in obtaining digital evidence, and in its processing, analysis and safeguarding. This will also assist in the implementation of new tools to deal with such novel investigations.

To access the Spanish version, visit the following link.

Author

Fernando Goldaracena is a partner in Baker McKenzie Buenos Aires Office. He heads the White Collar Crime Practice Group and is a member of the Compliance & Investigations Practice Group. Prior to joining the Firm, Fernando served as secretary of the Federal Criminal Court No. 2 of San Isidro, where he led several criminal investigations ranging from white collar crimes, public corruption and tax fraud. He is member of both the Compliance & Money Laundering and the Criminal Law Practice Groups of the City of Buenos Aires Bar Association (Colegio de Abogados de la Ciudad de Buenos Aires).

Author

Nicolás Servente is an Associate in Baker McKenzie Buenos Aires office.

Author

Candela Perri is an Associate in Baker McKenzie Buenos Aires office.

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