Between cyberspace and the law

The legal (non)recognition of Phishing as a crime in Angola

Abstract

This article examines the criminal-legal framework of Phishing within Angolan criminal law, exploring how such conduct can be punished even without an autonomous legal definition. The study seeks to answer how Angolan criminal law can classify and sanction typical Phishing behaviors in the absence of a specific provision. Its main goal is to identify existing legal norms that already encompass this phenomenon and to propose a specific criminal model for its regulation. A qualitative, exploratory, and descriptive methodology was adopted, grounded in bibliographic analysis. Findings reveal that Phishing may be subsumed under offenses such as computer forgery, communication fraud, unlawful access, and data damage, all covered by the Angolan Penal Code. Although current legislation offers sufficient mechanisms to punish these acts, the research highlights the need for an autonomous criminal provision on Phishing, defined as the fraudulent acquisition of personal, financial, or sensitive data through digital manipulation and social engineering.