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Bufete de abogados penalistas Alonso Sala
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Technological Criminal Law (Cybercrime)

When the crime leaves no fingerprints, but binary logs. Expert defense on the digital frontier.

The Digital Crime Scene: Volatile and Invisible

Cybercrime has redefined the concept of evidence in criminal proceedings. In traditional crime, the weapon or fingerprint remains. In technological crime, evidence is volatile: a log can be deleted in milliseconds, an IP masked behind three VPN hops, and a hard drive remotely encrypted. Therefore, technological criminal defense admits no generalists; it requires lawyers who speak the language of computer forensics.

At Alonso Sala, we start from a premise: technology fails and police make mistakes in data custody. Our job is to audit every step of the technological investigation: from the legality of the court order that authorized the police "trojan", to the mathematical integrity (Hash) of the file incriminating you. If the chain of custody breaks, the evidence disappears.

Our Cyber-Defense Strategies

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IP Attribution

IP is not an ID. We challenge the automatic connection judges make between "Line Holder" and "Crime Author". We demonstrate third-party access possibilities (open WIFI, malware, shared use) to sow reasonable doubt.

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Hash Integrity

Pure technique. If the "Hash" (cryptographic digest) of the police file does not match exactly the seized original, it means it has been altered. We verify radical NULLITY of poorly guarded digital evidence.

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"Mule" Defense

For those accused of receiving fraudulent transfers (Phishing). We prove they were victims of deceit ("social engineering") and acted without intent, believing they were doing a lawful job. We turn the accused into a victim.

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WhatsApp Challenge

Screenshots are worthless. If the accusation relies on screenshots, we systematically challenge them demanding metadata or the original device. Without the original "log" file, evidence fails.

ART. 197 BISHacking & Computer Intrusion

The Penal Code harshly punishes "unauthorized access" to information systems by breaching security measures. It is the "Hacker's" crime.

Access

Entering is enough. No need to steal data. Merely bypassing the password is a crime.

Facilitation

Beware: creating or distributing hacking programs (exploits, keyloggers) is also a crime.

Companies

If a company is hacked, the penalty skyrockets. Legally, the legal entity's "privacy" is protected.

Digital Typologies

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Hacking & Intrusion (Art. 197 bis)

Defense against authorized access accusations, password breaches, and 'Backdoor' systems.

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Phishing & Online Fraud

Defense of banking 'mules', spoofing, CEO fraud, and computer manipulation (Art. 248).

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Ransomware & Sabotage

Corporate data hijacking, malicious encryption, and computer damage crimes (Art. 264).

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Secrets Disclosure

Digital espionage, communications interception, sexting, and discovery of confidential data.

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Why Alonso Sala in Cybercrime?

Because we do not delegate the technical part. Our lawyers work side by side with computer engineering experts. In court, citing laws is not enough; you have to know how to explain to the Judge what a VPN, a Hash, or a Man-in-the-Middle attack is.

We have been defending both ethical 'hackers' unjustly accused and companies victims of sabotage for years. We know both sides of the digital trench.

  • checkCertified Computer Experts Network.
  • checkDigital Chain of Custody Specialists.
  • checkExperience in crypto scams and blockchain.
  • checkTechnical defense in National Court.
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FAQs

Is an IP address enough to convict me?expand_more
Absolutely NOT. The Supreme Court has reiterated that an IP identifies a phone line, not the physical person behind the keyboard. If it's a dynamic IP or shared Wi-Fi, reasonable doubt is huge. Our defense demands additional authorship proof (hard drive analysis, schedules, witnesses).
What if police seize my laptop?expand_more
Crucial rule: never provide the password voluntarily (no one is obliged to self-incriminate). Contact Alonso Sala immediately. We must verify if the hard drive dump respected the 'hash' (integrity code) and chain of custody. If the seal is broken, evidence is void.
Am I liable if I only received money and forwarded it ('Mule')?expand_more
This is the 'Money Mule' figure. Police often accuse mules as necessary collaborators in fraud or laundry. Our defense proves absence of intent: you were deceived (fake job offer) and believed to act legitimately. No criminal intent, no crime.
Is spying on my partner's WhatsApp a crime?expand_more
Yes, and serious. Discovery and revelation of secrets (Art. 197), punished with 1-4 years prison. Even if nothing is shared, mere unauthorized access violates constitutional privacy.
What is 'computer damage' crime?expand_more
Deleting files, formatting drives, or introducing viruses (sabotage). If damage is severe or affects essential services, prison can reach 5 years.
What if servers are abroad?expand_more
Police use international letters rogatory to ask Facebook, Google, etc. If the Spanish court order doesn't meet destination country requirements (e.g., USA, Ireland), that info can be voided as evidence.
Is using VPN or Tor a crime?expand_more
No, anonymization tools are perfectly legal. Only criminal if used to commit offenses. Merely using Tor cannot be used as an indication of criminality.
What is CEO fraud?expand_more
Sophisticated scam impersonating a CEO to ask for urgent transfer. If you are the deceived accountant, you are a victim. If accused, we prove if real identity theft occurred.
Can I be tracked if I deleted everything?expand_more
'Logical deletion' doesn't physically remove data. Forensic experts recover files months later. Definitive removal needs 'secure wipe'. Still, ISP logs are kept by law for 12 months.
What is 'Grooming'?expand_more
Cyber-harassment of minors for sexual purposes. An adult gains minor's trust online to get images or meetings. Highly prosecuted, carries high penalties and lifetime ban on working with kids.
Is downloading pirated movies a crime?expand_more
In Spain, private download without profit is NOT a criminal offense (maybe civil). Only criminal if there is direct commercial profit (selling copies) or running an ad-supported link site.
Can they record me with a trojan (cam/mic)?expand_more
Police CAN use spy software (trojans) for serious crimes, but only with very specific judicial authorization. If they exceed or lack permission, recordings are void.
What is a DDoS attack?expand_more
Denial of Service. Saturating a web to crash it. It's a computer damage crime. Often committed via 'botnets' (zombie computer networks).
Company liability if hacked?expand_more
If no adequate security, GDPR fines apply, but rarely criminal unless intentional self-leak.
What is 'Sim Swapping'?expand_more
Duplicating victim's SIM to get bank SMS and empty account. Mixed scam: technical + social engineering against telco.
How to defend child porn (download) case?expand_more
We analyze if download was automatic (browser cache, pop-ups, WhatsApp groups). Intent requires 'knowing and wanting' the file. Involuntary download is not a crime.
Are screenshots valid proof?expand_more
Alone, NO. Easily faked. Supreme Court requires expert report authenticate metadata and chain of custody, or notarial act.
What is crypto scam?expand_more
Fake investment promises. Issue is tracing money on Blockchain to an Exchange identifying the holder. We work with crypto-traceability experts.
When does cybercrime expire?expand_more
Depends on penalty. Minor (scams <400€) 1 year. Serious (attacks, secrets) 5-10 years. Internet doesn't forget, but law sets time limits.
What is 'Catfishing' or online identity theft?expand_more
Creating fake social media profiles impersonating someone else. Can be identity theft crime (Art. 401 CP) or fraud if used to deceive and get money or favors. Key is proving economic or moral damage.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

Contact Alonso Sala

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