Complete Guide to Technology Offences and Cybercrime
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listIn this article
lightbulbKey Takeaways
- check_circleArt. 197 bis CP
- check_circleChain of custody
- check_circleMoney mule
- check_circleIP address
Quick answer
Technology offences range from unlawful access to computer systems to cyber-scams. Computer intrusion (Art. 197 bis CP) punishes the mere access to a system by breaching its security measures, even if nothing is stolen, with 6 months to 2 years in prison. In cyber-scams and phishing, the figure of the "money mule" calls for a defence that proves the absence of intent. Because digital evidence is volatile, the chain of custody (the file's hash) and the fact that an IP address identifies a connection, not a person, are keys to the defence.
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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.
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Frequently asked questions
Is it a crime to enter a computer system even if nothing is stolen?expand_more
Yes. Art. 197 bis CP punishes the mere access to a computer system by breaching the established security measures (for example, passwords), even if nothing is stolen or damaged. The penalty ranges from 6 months to 2 years in prison, because the inviolability of the system itself is protected.
What is a "money mule" and how is it defended?expand_more
It is a person who receives and forwards money from an online scam, often deceived and believing they are taking part in a legitimate activity. Their criminal liability is not always clear-cut, so the defence focuses on proving the absence of criminal intent, that is, that they were unaware of the unlawful origin of the funds.
Why is the digital chain of custody so important?expand_more
Because in a cybercrime trial everything depends on the hash, the digital fingerprint that guarantees the integrity of the seized file. If the police have not preserved that integrity, the evidence may be annulled, and detecting those procedural flaws is one of the main defence routes.
Can someone be convicted solely on their IP address?expand_more
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, since there are multiple attack vectors (malware, open networks) that allow a third party to use that IP without the holder's knowledge.
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