Legal Actions Available in Digital Fraud Cases
Under the Bolivian legal system, there are two main legal avenues that may be pursued in response to fraud committed through digital means.
Criminal Proceedings: Punishment of the Offense
Civil Proceedings: Recovery of Financial Losses
Civil proceedings are generally not recommended because of delays and the lack of immediate enforcement mechanisms. However, since a sales agreement may eventually have existed, they should still be considered within the range of proposed solutions. In this context, the affected party may bring a civil claim seeking restitution of the money paid and compensation for the losses suffered. This type of action is grounded in the general principle of civil liability, recognized both under domestic law and international instruments such as the American Convention on Human Rights, which protects property rights.
In this context, the injured party may seek not only the return of the amount paid, but also interest and other damages arising from the incident. As noted at the outset, this is usually a less effective avenue, but it remains available within the legal system.
Identification of the Responsible Party: An Essential Requirement
One of the main obstacles in these cases is identifying the perpetrator. It is not possible to file an effective civil claim if the responsible person cannot be identified with certainty.
For this reason, criminal proceedings serve an important function, since they make it possible to:
- Request information from financial institutions.
- Identify the account holder of bank accounts used in the transaction.
- Trace transfers and financial movements.
Even if the scammer used false information on social media, financial transactions leave records that may lead to an identifiable person.
Scope of Compensation in Civil Proceedings
Once the responsible person has been identified, the victim may seek different forms of relief in civil court:
- Restitution of the money paid.
- Payment of accrued interest.
- Compensation for damages and losses.
Whether these claims succeed will depend on the quality of the evidence submitted, such as transfer receipts, digital conversations, screenshots, and any other means capable of proving the deception.
Not all cases have the same likelihood of success. There are three determining factors:
Identification of the Offender
Without a clearly identified defendant, the civil action cannot move forward successfully.
Financial Capacity of the Defendant
Even if a favorable judgment is obtained, actual recovery will depend on whether the defendant has assets or income.
Evidentiary Strength
Strong evidence is essential to prove the fraudulent conduct and quantify the damages.
Possible Liability of Third Parties
In some cases, liability may also be assessed beyond the direct perpetrator.
Financial Institutions
If there was negligence in compliance controls or failures in security systems, their liability may be evaluated under the duty to protect users.
Intermediaries
Persons who facilitated the transaction or participated in the fraudulent scheme may also be included in a legal action.
Digital Platforms
Platforms such as Facebook, owned by Meta Platforms, generally act as technological intermediaries. As a general rule, they are not liable for transactions between users, although their role may be examined in specific circumstances.
In summary, it is legally possible to sue a scammer operating through digital platforms, but the success of the case depends on a sound legal strategy that begins with identification of the offender, continues with a realistic assessment of the claim, and concludes with the appropriate legal actions.
The law firm has experience handling cases related to digital fraud. If you are facing a similar situation, contact us for specialized legal advice.
Frequently Asked Questions (FAQs)
Is it mandatory to start with criminal proceedings?
It is not strictly mandatory, but in practice it is often essential in order to identify the responsible party.
Can I recover all the money I lost?
That will depend on the evidence submitted and on the defendant’s financial capacity.
What evidence is useful in these cases?
Payment receipts, conversations, screenshots, and banking information.
How long does this kind of case take?
It may vary considerably depending on the complexity of the case and the court’s workload.
Can I sue if I only have a bank account number?
Yes. Through criminal proceedings, it may be possible to identify the holder of that account.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
