Thus, a meeting space such as a forum

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Social network can have a place in the first of the grammatical meanings of the word "place", while the participation of individuals and the contribution of Its contents occupy the limited space that such a forum or network has, at the same time limiting its availability so that it can be occupied by other individuals and their respective contents, in such a way that the compendium of the participation of each of the subjects It constitutes the "body" evidently perceptible by all the others who participate in the same space, thereby completing the academic definition. Next, the Court reinforces that first statement. Explains how traditional forms of crime have found new formulas, instruments and spaces as a result of technological advances , to the point where cybercrime is fully established and constitutes an unquestionable reality that a multitude of criminal phenomena currently involve the use of technologies, in one way or another: “The Court cannot identify itself with a historical conception of the place of execution of the crime that only understands as such a physical, geographical space that is perfectly perceptible to the senses.

Crime in its most conventional form now coexists with new forms of cybercrime in which its execution takes place entirely in telematic networks that, by definition, are not immobilizable in a perfectly definable physical space. Cyberspace offers a digital framework differentiated from purely physical reality as a space for crime. The most recent experience teaches that social networks are not only the instrument for the commission DM Databases of some crimes of a very different nature. They can also be the scene in which the crime is committed, either during its entire development, or in the execution of only some of the elements of the type." Why is the scene of the crime YouTube and not the physical place where the influencer delivered the cookies to the homeless man? The Second Chamber also ruled on this: “And in this attack on the dignity of the victim, the place where Cirilo comes into contact with Silvio only provides a locative reference that is later replaced by a virtual space in which the injury to dignity becomes even more hurtful.



What had initially been witnessed only by the accused recording the sequence is transformed into a video message that is subjected to laughter - and hurtful comments - from any Internet user. The dignity of Silvio. It was trampled by the accused in the place where he took refuge at night but, above all, it was undermined when those images were incorporated into the zigzagging telematic routes that define the functioning of the Internet. The crime, therefore, was not committed only on a street in Barcelona. It was induced and prepared within the framework of an Internet application, it began its destructive effect on personal dignity in the portal of that street and intensified its illegality through the dissemination on the YouTube network of images of a homeless man trying to satisfy his hunger with the cookies delivered in what he interpreted as a gesture of other people's charity. Consequently, the crime did not limit its execution to the locative reference offered by XX Street in Barcelona.