Criminal Law in Practice: Successful Defense in Cybercrime

Digital transformation has not only changed our everyday lives but also given rise to new forms of crime. As a criminal defense attorney, I've observed a significant increase in cybercrime cases. A recent case from my firm exemplifies the challenges and solutions in this complex area of law.

The starting point was a complaint filed on suspicion of computer fraud under Section 263a of the German Criminal Code (StGB). A medium-sized online retailer was facing allegations of harming customers through manipulated payment systems. The public prosecutor's office had already conducted a search of the business premises and seized servers – a massive intrusion into ongoing business operations.

The particular challenge in this case lay in the technical complexity of the allegations. The investigating authorities assumed there had been a deliberate intrusion into the payment system, while our investigations quickly revealed that it was an external hacker attack. In this case, the operator was not the perpetrator, but rather the victim of a crime.

By engaging IT forensics experts early on, we were able to reconstruct the actual events. The collaboration between legal and technical expertise proved key to success. We were able to prove that the client's system had been compromised by a professional hacking group.

The proceedings were discontinued pursuant to Section 170, Paragraph 2 of the Code of Criminal Procedure. Furthermore, we succeeded in preparing claims for damages against the cybercriminals, even though their identification is still pending. For the client, this not only meant exoneration from criminal charges but also the opportunity to continue its business operations.

This case highlights several important aspects of modern criminal defense:

First, a quick response at the first sign of a criminal investigation is crucial. The sooner a defense attorney is involved, the better the defendant's rights can be protected and an effective defense strategy can be developed.

Second, the increasing digitalization of crime requires an interdisciplinary approach. Collaboration with technical experts is often essential to reconstruct the actual events and prove innocence.

Third, preventive legal advice in the area of IT security is becoming increasingly important. Companies should protect themselves legally and technically to avoid becoming the focus of criminal investigations through no fault of their own.

Legal basis:

• § 263a StGB - Computer fraud

• § 202a StGB - spying on data

• Section 170 para. 2 StPO - discontinuation of proceedings

As a criminal defense attorney, I advise companies and individuals to immediately seek legal advice at the first sign of criminal investigations. Developing a defense strategy early on can be crucial to the outcome of the case.

Contact for criminal law advice:

Phone: +49 30 8238020

Email: ra-zehlendorf@outlook.de