computerPractice Area
Computer Damages
Defense in digital sabotage, data deletion and computer system attacks.
Computer Damages: Digital Sabotage
The computer damage crime (Art. 264.2 CP) punishes deleting, altering or disabling data, programs or other people's computer systems without authorization. It is frequent in cases of fired employees who sabotage databases or administrators who delete files by mistake. Technical defense requires digital forensic expertise to analyze access logs, chain of custody of evidence and determine if there was malicious intent or simple technical error.
computer
Why Alonso & Sala for Computer Damage?
Specialized digital sabotage defense. Digital forensic expertise: chain of custody + system access logs.
- securityForensic computer experts: chain of custody audit (bit-by-bit disk image) + log analysis.
- securityTechnical error defense: software bug/automatic script vs. intent accusation (malicious intention).
- securityImplicit authorization strategy: system administrator role = file management permissions (labor defense).
- securityCorporate sabotage experience: employee deleted CRM/database (evidence threatening emails + logs).
quiz
FAQs
Is deleting server files a crime?expand_more
Yes, if you do it without authorization (even if you're an employee). It's computer damage (Art. 264.2 CP). Penalty: 6 months to 3 years prison. If it's corporate sabotage (deleting customer database), aggravated penalty up to 5 years.
What is 'ransomware'?expand_more
Malware that encrypts victim's files and demands ransom. It's computer damage + extortion crime. Cumulative penalties: 6m-3y (damage) + 1-5y (extortion). Police can track the Bitcoin wallet used for ransom.
Hacking a website and deleting content?expand_more
Aggravated computer damage (Art. 264.2). If it's a critical system (hospital, infrastructure), penalty up to 8 years. Expert defense analyzes access logs to prove it wasn't you or you had authorization.
If I'm the computer owner?expand_more
If you delete YOUR files, it's not a crime. But if you delete third-party data stored on your server/cloud (customers, employees), it is a crime even if it's your physical equipment.
Installing virus on my ex's PC?expand_more
Computer damage crime + possible discovery/disclosure of secrets if you access their files (Art. 197). Cumulative penalties: up to 7 years prison + fine.
What is a DDoS attack?expand_more
Distributed Denial of Service: saturating a server with traffic to bring it down. It's computer damage (Art. 264). Bringing down a commercial website for hours = economic losses = aggravating factor. Penalty up to 5 years.
How do they prove I deleted the files?expand_more
Operating system logs (who logged in and when), digital forensics ('deleted' but recoverable files), access IPs. Our computer expert audits the chain of custody of digital evidence.
If I formatted the disk by mistake?expand_more
Technical error is not a crime (lack of intent). But if you're a computer technician and formatted due to gross negligence (didn't make backup, didn't verify), it can be reckless damage. Key: prove it was involuntary error.
What if it was an 'automatic script' that went wrong?expand_more
If you programmed a destructive script on purpose, it's intent. If it had an unintended bug, it can be recklessness (lesser penalty). Source code forensics determines if there was malicious intent.
Can I go to jail for deleting the company CRM?expand_more
Yes, if you do it when leaving out of spite (sabotage). Many cases of employees who delete databases before leaving. If there's evidence (threatening emails, logs), actual prison + millionaire civil compensation.
Does backup nullify the crime?expand_more
No. Even if the company recovers data from backup, the crime is completed. It only affects the amount of civil liability (minor damages if quick backup vs. total loss without backup).
What is digital 'chain of custody'?expand_more
Legal process to guarantee that digital evidence (hard drive, logs) has not been manipulated. If police didn't follow protocol (didn't make bit-by-bit forensic image), we can request evidence nullification.
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