Internet criminal law - when the net becomes the scene of the crime

With digitalisation, criminal law has shifted as well. More and more accusations concern actions on the internet - from online fraud and cyberattacks to expression offences on social networks. Internet criminal law is not a separate code but encompasses all offences with a digital connection.

These proceedings have particularities: they often begin with a house search and the seizure of computers, smartphones and data carriers. As an attorney, I defend you against accusations from the digital realm - with the necessary understanding of technology and procedure.

"With internet offences, the decisive moment often comes as early as the house search. Those who then stay calm, remain silent and engage a defence lawyer immediately keep the most important cards in hand."

— Tom Beisel, Attorney

Typical accusations in internet criminal law

The spectrum of digital offences is broad. Common accusations are:

• →Computer fraud (§ 263a StGB) and online fraud, for example via fake shops or phishing
• →Data espionage and interception (§§ 202a ff. StGB), often referred to as "hacking"
• →Computer sabotage and data alteration (§§ 303a, 303b StGB)
• →Insult, defamation and slander on social networks (§§ 185 ff. StGB)
• →Distribution of prohibited content
• →Copyright infringements with a criminal-law dimension

The particularity: house search and data seizure

Many internet criminal proceedings begin with a house search. In the process, all electronic devices are usually seized - computers, laptops, smartphones, hard drives and storage media. The subsequent analysis of this data is often the central piece of evidence.

⚠ Important: stay calm and remain silent during a house search. Do not resist the search, but make no statements on the matter and do not voluntarily hand over passwords or access data without first having spoken to a defence lawyer. You are not obliged to actively contribute to your own incrimination.

Why technical understanding is decisive

In internet criminal law, the decisive point often lies in the detail of the digital evidence. An effective defence carefully examines:

• →Were the house search and seizure carried out lawfully?
• →Is the seized data admissible as evidence?
• →Can an action even be unambiguously attributed to a particular person?
• →Can IP addresses, accounts or devices be attributed to the accused beyond doubt?

It is precisely the attribution of "who was actually at the keyboard" that is often the weakest point of the prosecution - and thus an important starting point for the defence.

The right response to an accusation

• →During a house search: stay calm, do not resist, but remain silent
• →Hand over no passwords or access data without legal advice
• →Make no statements on the matter to the police
• →Change or delete nothing on devices or in data
• →Engage a defence lawyer as early as possible

How I support you

• →Immediate advice, including in connection with a house search
• →Access to the files and review of the digital evidence
• →Assessment of the lawfulness of the search and seizure
• →Examination of the attribution of data, accounts and IP addresses
• →Negotiation with the public prosecutor's office and representation in the main hearing

I represent clients throughout Germany, in German, English and Russian.

Frequently asked questions

The police have seized my devices - what now?

Stay calm and make no statements on the matter. Do not voluntarily hand over passwords before you have spoken to a defence lawyer. A lawyer applies for access to the files and examines whether the search and seizure were lawful and which data is admissible as evidence at all.

Do I have to hand over my passwords?

You are generally not obliged to actively contribute to your own incrimination, and therefore not to hand over passwords voluntarily. This question should definitely be discussed with a defence lawyer before any decision.

Can an online offence even be proven against me unambiguously?

Not always. A central question is whether an action can be attributed to a particular person beyond doubt. IP addresses or accounts alone do not reliably prove who actually acted. This is precisely where the defence often begins.

I have been reported for a statement on social networks - is that punishable?

Statements online can be criminally relevant, for example as insult, defamation or slander. Whether there is an offence in the specific case depends on the content, context and provability and should be examined by a lawyer.

Is a specialised defence lawyer worthwhile?

In internet criminal law, the understanding of digital evidence plays a major role. A defence that thinks technical and legal questions together can uncover decisive weaknesses in the chain of evidence.