Complete Guide to Technology Offences and Cybercrime
Last updated:
listIn this article
lightbulbKey Takeaways
- check_circleArt. 197 bis CP
- check_circleChain of custody
- check_circleMoney mule
- check_circleIP address
In the 21st century, the offender does not wear a balaclava but uses a keyboard. As criminal lawyers experienced in technology offences and cybercrime, we know that digital evidence is volatile and calls for a highly technical defence. We analyse the keys to Art. 197 bis et seq. of the Criminal Code.
Hacking or Computer Intrusion (Art. 197 bis CP)
It is not only the harm that is punished, but the mere access. Entering a computer system by breaching its security measures (passwords) is already an offence, even if nothing is stolen. The penalty ranges from 6 months to 2 years in prison.
Online Scams and Phishing
Cyber-scams are the king of online offences. From classic phishing (impersonating the bank) to CEO fraud. Criminal liability is not always clear-cut: the figure of the "money mule" (a person who, deceived, receives and forwards the stolen money) calls for a defence that proves the absence of criminal intent.
The Digital Chain of Custody
In a cybercrime trial, everything depends on the "hash" (the digital fingerprint of the file). If the police have not guaranteed the integrity of the seized data, the evidence may be annulled. A specialist lawyer knows where to look for these procedural flaws.
The Myth of the IP Address
An IP address identifies an internet connection, not a natural person. Convicting someone solely for being the holder of the Wi-Fi line from which the offence was committed breaches the presumption of innocence. There are multiple attack vectors (malware, open networks) that allow a third party to use our IP without our knowledge.
Need a criminal defence lawyer?
If you are facing a criminal matter, our team of specialist lawyers can help. Contact us for a case evaluation.