macbook-tablet-hand[dropcap]C[/dropcap]omputer crime, or cybercrime, is any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target. Internet crime or Netcrime is criminal exploitation of the Internet, inherently a cybercrime.

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Computer as a Tool and as a Target of Crimes
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There should be made a distinction between traditional crimes where the instrumentality of the crime is the internet or a computer in a broader sense on the one hand and specific computer and internet crimes on the other hand. The former crimes are characterized by the computer being used as a tool. The latter crimes are forbidden to prevent specific dangers of using electronical data. In most cases the computer is the target of the crime, for example to illegally exploit data from it.

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Expert Criminal Defense and Counseling
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We offer our expertise on crimes performed with computers, electronic hardware and especially by use of the internet or wireless technology. Apart from the mere criminal defense we also offer counseling on the legality or illegality of certain behaviour with respect to computer and internet technology to possibly avoid criminal prosecution of companies and individuals.


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Types of Typical Computer Crimes from the German Penal Code
[spacing size=”15px”] [new_row] [one_half] [service_block icon=”fa fa-desktop” title=”Section 263a: Computer Fraud” type=”icon”] [tagline]Section 263a: Computer Fraud[/tagline]

(1) Whosoever with the intent of obtaining for himself or a third person an unlawful material benefit damages the property of another by influencing the result of a data processing operation through incorrect configuration of a program, use of incorrect or incomplete data, unauthorised use of data or other unauthorised influence on the course of the processing shall be liable to imprisonment not exceeding five years or a fine.

(2) Section 263(2) to (7) shall apply mutatis mutandis.

(3) Whosoever prepares an offence under subsection (1) above by writing computer programs the purpose of which is to commit such an act, or procures them for himself or another, offers them for sale, or holds or supplies them to another shall be liable to imprisonment not exceeding three years or a fine.

(4) In cases under subsection (3) above section 149(2) and (3) shall apply mutatis mutandis.
[/service_block] [/one_half] [one_half] [service_block icon=”fa fa-desktop” title=”Section 202a: Data espionage” type=”icon”] [tagline]Section 202a: Data espionage[/tagline]

(1) Whosoever unlawfully obtains data for himself or another that were not intended for him and were especially protected against unauthorised access, if he has circumvented the protection, shall be liable to imprisonment not exceeding three years or a fine.

(2) Within the meaning of subsection (1) above data shall only be those stored or transmitted electronically or magnetically or otherwise in a manner not immediately perceivable.
[/service_block] [/one_half] [/new_row] [new_row] [one_half] [service_block icon=”fa fa-desktop” title=”Section 202b: Phishing” type=”icon”] [tagline]Section 202b: Phishing[/tagline]

Whosoever unlawfully intercepts data (section 202a(2)) not intended for him, for himself or another by technical means from a non-public data processing facility or from the electromagnetic broadcast of a data processing facility, shall be liable to imprisonment not exceeding two years or a fine, unless the offence incurs a more severe penalty under other provisions.
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[one_half] [service_block icon=”fa fa-desktop” title=”Section 202c: Acts preparatory to data espionage and phishing” type=”icon”] [tagline]Section 202c: Acts preparatory to data espionage and phishing[/tagline]

(1) Whosoever prepares the commission of an offence under section 202a or section 202b by producing, acquiring for himself or another, selling, supplying to another, disseminating or making otherwise accessible

1.  passwords or other security codes enabling access to data (section 202a(2)), or

2.  software for the purpose of the commission of such an offence,

shall be liable to imprisonment not exceeding one year or a fine.

(2) Section 149(2) and (3) shall apply mutatis mutandis.
[/service_block] [/one_half] [/new_row] [new_row] [one_half] [service_block icon=”fa fa-desktop” title=”Section 303a: Data tampering” type=”icon”] [tagline]Section 303a: Data tampering[/tagline]

(1) Whosoever unlawfully deletes, suppresses, renders unusable or alters data (section 202a (2)) shall be liable to imprisonment not exceeding two years or a fine.

(2) The attempt shall be punishable.
[/service_block] [/one_half] [one_half] [service_block icon=”fa fa-desktop” title=”Section 303b: Computer sabotage” type=”icon”] [tagline]Section 303b: Computer sabotage[/tagline]

(1) Whosoever interferes with data processing operations which are of substantial importance to another by

1.  committing an offence under section303a(1); or

2.  entering or transmitting data (section 202a(2)) with the intention of causing damage to another; or

3.  destroying, damaging, rendering unusable, removing or altering a data processing system or a data carrier,

shall be liable to imprisonment not exceeding three years or a fine.

(2) If the data processing operation is of substantial importance for another’s business, enterprise or a public authority, the penalty shall be imprisonment not exceeding five years or a fine.

(3) The attempt shall be punishable.

(4) In especially serious cases under subsection (2) above the penalty shall be imprisonment from six months to ten years. An especially serious case typically occurs if the offender

1.  causes major financial loss,

2.  acts on a commercial basis or as a member of a gang whose purpose is the continued commission of computer sabotage, or

3.  through the offence jeopardises the population’s supply with vital goods or services or the national security of the Federal Republic of Germany.

(5) Section 202c shall apply mutatis mutandis to acts preparatory to an offence under subsection (1) above.

 

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