Article 264 of the Penal Code

  Penal Code

1. Anyone who, by any means, without authorization and in a serious manner, erases, damages, deteriorates, alters, deletes or makes inaccessible computer data, computer programs or electronic documents of others, when the result produced is serious, will be punished with a prison sentence. from six months to three years.

2. A prison sentence of two to five years and a fine of one to ten times the damage caused, when any of the following circumstances occur in the behaviors described:

1. It would have been committed within the framework of a criminal organization.

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2. Has caused especially serious damage or affected a large number of computer systems.

3. The event would have seriously harmed the operation of essential public services or the provision of basic necessities.

4. The events have affected the computer system of a critical infrastructure or a situation of serious danger has been created for the security of the State, the European Union or a Member State of the European Union. For these purposes, critical infrastructure will be considered an element, system or part thereof that is essential for the maintenance of vital functions of society, the health, safety, protection and economic and social well-being of the population whose disturbance or destruction would have a significant impact by not being able to maintain their functions.

5. The crime has been committed using any of the means referred to in article 264 ter.

If the facts have turned out to be extremely serious, a higher sentence may be imposed.

3. The penalties provided for in the previous sections will be imposed, in their respective cases, in their upper half, when the acts have been committed through the illicit use of another person's personal data to facilitate access to the computer system or to gain trust. from a third party.

art 264 cp

Article 264 of Penal Code Spanish refers to crime of damage of a computer nature. The punishment is established for the destruction of computer data.