Cybercrime /
Internet criminal law
What is Cybercrime /
Internet criminal law?
The digital revolution poses new challenges for criminal law. Legislation and case law are lagging behind the rapidly growing computer and internet industry. New criminal offences are being created to close legal loopholes, the so-called Internet criminal law, also known as IT criminal law, computer criminal law or cybercrime.
Offences
Internet criminal law primarily includes the provisions on data espionage
- Spying on and intercepting data as well as preparatory acts, Sections 202a, 202b, 202c German Criminal Code (StGB)
- Data theft, Section 202d German Criminal Code (StGB)
In addition to these original provisions of criminal data law, criminal internet law is becoming important wherever criminal offences are committed using a computer or the internet. The increasing digitalisation of our everyday lives means that computers and the internet are becoming “crime scenes” in commercial criminal law, sexual criminal law, competition criminal law, copyright criminal law and also general criminal law.
Other offences that occur most frequently in Internet criminal law
- Computer fraud, Section 263a German Criminal Code (StGB)
- Forgery of data of probative value, Section 269 German Criminal Code (StGB)
- Distribution of (violent or animal) pornographic material, Sections 184, 184a German Criminal Code (StGB)
- Distribution, acquisition and possession of child pornography, Section 184b German Criminal Code (StGB)
- Insult, malicious gossip and defamation, Sections 185, 186, 187 German Criminal Code (StGB)
- Unauthorised use of copyrighted works, Section 106 German Copyright Act (UrhG)
- Unauthorised interference with technical protection measures, Section 108b German Copyright Act (UrhG)
- Trade mark infringement, Section 143 German Trade Mark Act (MarkenG)
- Infringement of the Community trade mark, Section 143a German Trade Mark Act (MarkenG)
- Criminal use of geographical indications of source, Section 144 German Trade Mark Act (MarkenG)
Why choose a lawyer
sepcializied in cyber crime?
Legislators are constantly trying to respond to new developments in technology and IT with changes and additions to Internet criminal law. Hardly any other area of defence practice is subject to greater change. Investigating authorities are being granted increasingly far-reaching powers to collect data. Specialised departments are being created in the police and public prosecutor’s offices to combat so-called cybercrime. This makes it all the more important to have a competent defence lawyer that understands the technical issues correctly and is up to date with the latest developments in cybercriminal law.
