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Bufete de abogados penalistas Alonso Sala
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Identity Theft

Legal defense against civil status usurpation, fake profiles, and fraudulent contracting in your name.

Identity Theft Crime (Art. 401 CP)

In digital era, identity is most valuable and vulnerable asset. Civil Status Usurpation crime (Art. 401 CP) punishes whoever usurps another's civil status, meaning impersonating another person completely and continuously, assuming their identity, rights, and social life obligations. Using their name punctually not enough: must be persistent and total impersonation of victim's legal personality.

Prison 6 months to 3 years penalty. It's serious crime because annuls victim's personality and can generate multiple related crimes: fraud (using identity to contract), defamation (fake defamatory profiles), secret disclosure (accessing emails/networks), document forgery (signing with their name). At Alonso Sala we act both in accused defense (dismantling accusation with IT forensics) and victim prosecution (obtaining urgent court orders to delete fake profiles and block frauds).

Usurpation Typologies

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Total Usurpation (Art. 401)

Classic crime: completely impersonating another to exercise their rights (collect pensions, sign contracts, inherit). Requires persistence and totality. Penalty: 6 months - 3 years.

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Fake Social Profiles

Creating fake accounts on Instagram/Facebook using photo and real data of another to harass, scam, or damage reputation. Usurpation + defamation + secret disclosure crime depending on case.

CRITICALDigital Evidence: The Technical Battle

In digital usurpation, EVERYTHING depends on proving who created fake profile or used stolen identity. IP, metadata, and geolocation are key weapons.

Court Order to Meta/Instagram

We request platform reveals fake profile creation IP and deletes immediately as urgent precautionary measure.

Effective 24-48h
Forensic IT Expertise

We analyze photo metadata, emails, device records. If fake profile IP matches accused, almost definitive evidence.

Solid technical evidence

Usurpation Types

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Art. 401 CP Usurpation

The classic crime: continuously impersonating another to exercise their rights.

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Fake Profiles & Socials

Creating fake accounts to harass, scam, or damage reputation.

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Fraudulent Contracting

Using stolen ID for quick loans or purchases. Defense against debt claims.

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Why Alonso & Sala for Identity Theft?

Digital usurpation requires lawyers who understand technology. We work with forensic IT experts to obtain definitive evidence.

  • checkObtaining urgent court orders to delete fake profiles (24-48h).
  • checkForensic IT experts for IP, metadata, and geolocation analysis.
  • checkAnnulment of fraudulent debts contracted with stolen identity.
  • checkTechnical defense in false usurpation accusation cases (digital alibis).
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FAQs

What exactly is civil status usurpation (Art. 401)?expand_more
Crime punishes whoever 'usurps another's civil status'. Means impersonating another person COMPLETELY and CONTINUOUSLY, assuming their identity, rights, and obligations in social life. Using their name once punctually not enough, but persistently impersonating them.
Is opening fake Instagram profile a crime?expand_more
DEPENDS. If using generic fake name, only terms of use violation. But if using photo and data of REAL person to impersonate them and deceive others (damaging their image or committing fraud), YES it's usurpation or defamation/secret disclosure crime.
What is penalty for identity theft?expand_more
Civil status usurpation: Prison 6 months to 3 years. It's SERIOUS crime because totally affects victim's legal personality. Plus there may be related crimes (fraud, defamation, document forgery).
What do I do if someone contracted loan in my name?expand_more
IT'S URGENT: 1) Immediate police report. 2) Notify bank and request fraud annulment. 3) Exclude from debtor registry (ASNEF). 4) Criminal action against fraudster (fraud + document forgery). We can annul those debts and prosecute culprit.
Is using another's ID to enter nightclub a crime?expand_more
YES. Can be civil status usurpation (if totally impersonating them) or authentic document use by unauthorized person (Art. 400 bis). Penalty: fine or minor prison. Even if sibling/acquaintance, still crime.
How do I prove it WASN'T me who committed fraud?expand_more
IT forensics (connection IPs, email metadata), phone geolocation, biometric evidence (signature, voice), alibi witnesses. Technical defense crucial. Our work: demonstrate your identity was impersonated to commit fraud.
Is it crime to use deceased father's ID to collect pension?expand_more
YES. Fraud against Social Security. Also, civil status usurpation if using their identity for other acts. Even if family, NO absolutory excuse in usurpation nor State fraud.
What if my SIM card cloned (SIM Swapping)?expand_more
Attacker requests duplicate of your SIM from phone operator, accesses your bank accounts and WhatsApp. It's fraud + secret disclosure + usurpation crime. Act immediate: block line, change passwords, report.
Can I report parody profiles?expand_more
IF parody profile is EVIDENT (e.g. @FakePresident with clear disclaimer), NOT crime. But if NOT distinguishable from real and seeks to deceive (impersonation), YES it's crime. Key: intention to confuse third parties.
Is using another's email usurpation?expand_more
Depends on use. If you access without permission (hack) and act as if you were them (send emails impersonating them), YES: usurpation + secret disclosure. If only read emails without impersonating, only secret disclosure.
What is 'phishing' and is it crime?expand_more
Phishing is sending fake emails impersonating banks/companies to steal passwords. It's COMPLEX crime: usurpation (of bank), fraud (if steals money) and forgery (of electronic document). Very high cumulative penalties.
How do I delete fake Instagram/Facebook profile?expand_more
1) Report to platform (impersonation form). 2) Capture certified screenshots (notary or digital hash). 3) Report criminally. 4) Judicial requirement to Meta to reveal creator's IP and delete profile (urgent precautionary measure).
Can I go to prison for creating fake profile?expand_more
IF there's complete usurpation crime (6 months - 3 years), YES possible. But if no record, normal is suspended sentence conditioned on not reoffending. Effective prison rare in these crimes except recidivism or serious damages.
How long to delete fake profile?expand_more
Meta/Instagram can take weeks or months (sometimes never) if only using normal form. WITH court order (precautionary measure), they delete in 24-48h. That's why criminal + precautionary measure route faster than administrative.
Is saying you're doctor without being one a crime?expand_more
IF done punctually to impress, NOT usurpation but professional intrusion (misdemeanor). But if continuously practicing as doctor, signing prescriptions, treating patients, YES it's professional intrusion (crime) + status usurpation + possible reckless homicide/injury.
What is 'corporate identity theft'?expand_more
Impersonating company (creating fake bank website, using their logo, similar email). It's usurpation of company's legal personality + unfair competition + possible fraud. Companies use this route to protect brand and prosecute phishers.
Can I use another's profile picture?expand_more
ONLY with permission. If using their photo on YOUR real profile (with your name), it's privacy invasion (right to own image). If using their photo AND name to impersonate, also usurpation. Always ask permission.
What if I signed contract and it WASN'T me?expand_more
If someone signed impersonating you, contract is NULL by law (lack of consent). Must challenge judicially with handwriting expertise proving it's NOT your signature. Plus, criminal complaint against forger.
Is it more serious if I impersonate official or police?expand_more
MUCH. Usurping authority or public official identity is AGGRAVATED crime (Art. 402 CP). Penalty: up to 3 years prison + disqualification. E.g.: impersonating police to enter house is very serious crime.
Does it matter if I impersonate someone famous?expand_more
YES, aggravating if victim is public figure, because social impact greater. Also, victim has more resources for defense (lawyers, experts) and judges harsher in sentences due to massive reputational damage.
When does usurpation crime prescribe?expand_more
After 5 years from last impersonation act committed. BUT in continued usurpations (fake profiles active for years), period counted from LAST post or interaction impersonating. So almost doesn't prescribe if profile still active.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

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