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Aula Virtual

On-line version ISSN 2665-0398

Abstract

COLLANTES RODRIGUEZ, Katherine Lysbeth. OBJECTIVE IMPUTATION IN ELECTRONIC FRAUD: EVIDENCE FROM LEGAL REFORMS IN A SYSTEMATIC REVIEW STUDY. Aula Virtual [online]. 2025, vol.6, n.13, e571.  Epub Oct 25, 2025. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.17443011.

The expansion of digital fraud and its impact on trust in electronic environments has created a growing challenge for contemporary legal systems, making it essential to analyze the mechanisms of criminal liability attribution in these contexts. This article aims to evaluate how recent legal reforms have modified the application of the theory of objective imputation in internet fraud offenses and their effect on crime prevention, considering the need for regulatory frameworks capable of addressing technological complexity. A systematic review article was conducted, integrating and comparing recent normative and doctrinal literature, analyzing both studies directly addressing digital fraud and others that, from indirect perspectives, provide dogmatic and comparative foundations. The findings reveal that reforms have strengthened criteria such as sufficient deception and the objective duty of care in digital environments, while indirect theoretical contributions consolidate the role of avoidability, risk increase, and punitive anticipation in defining criminal liability. The main conclusion is that objective imputation emerges as a key tool to rationalize the attribution of liability in digital fraud and to strengthen crime prevention in a context shaped by technological innovation.

Keywords : Legal reforms; objective imputation; digital fraud; criminal liability; crime prevention.

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