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abogado penalista en Madrid

COMPUTER CRIMES SPECIALIST ATTORNEY IN MADRID

Criminal defense and advisory services in computer crimes, cybercrimes, online fraud, phishing, sextortion and hacking. Criminal defense attorney in Madrid with experience in cybercrime.

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Persona encapuchada cometiendo delitos informáticos en un centro de datos, representando los ciberdelitos más graves como el acceso ilícito a sistemas y los daños informáticos en España.

Criminal defense in computer crimes and cybercrimes: a constantly evolving field

The computer crimes are criminal conducts committed through technological means or against computer systems. The Spanish Criminal Code regulates multiple criminal offenses ranging from computer fraud (art. 248.2 CP) to discovery and disclosure of secrets (art. 197 CP).

What are computer crimes?

They are all those criminal offenses in which technology is the means to commit the crime (online fraud, phishing) or the target of the attack (hacking, ransomware, unlawful access to systems). Their exponential growth has made them one of the areas with the highest criminal litigation.

Penalties for cybercrime in Spain

  • Computer fraud (art. 248.2 CP): 6 months to 3 years imprisonment.
  • Disclosure of secrets (art. 197.1 CP): 1 to 4 years imprisonment.
  • Unlawful system access (art. 197 bis CP): 6 months to 2 years imprisonment.
  • Non-consensual distribution of intimate images (art. 197.7 CP): 3 months to 1 year or fine.
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When do you need a cybercrime attorney?

You need a cybercrime specialist attorney if you find yourself in any of these situations:

  • You have been reported for computer fraud, phishing or spoofing
  • You are accused of unlawful access to computer systems (hacking)
  • You have been a victim of sextortion, cyberbullying or distribution of intimate images
  • You are under investigation for disclosure of secrets or interception of communications
  • Your company has suffered a ransomware attack and needs legal advice

Cybercrimes present a critical particularity: digital evidence is volatile. If not properly preserved from the first moment, it can be lost or inadmissible in court.

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How to report a cybercrime: step by step

If you have been a victim of a cybercrime, these are the steps to follow:

  1. Preserve all digital evidence

Screenshots, emails, URLs, conversations, system logs. Do not delete or modify anything.

  1. Go to the National Police or Civil Guard

The Technological Investigation Unit (UIT) of the Police and the Telematic Crimes Group (GDT) of the Civil Guard are the specialized units.

  1. Contact a specialist attorney

A cybercrime attorney will advise you on the viability of the complaint, preservation of digital evidence and procedural strategy.

  1. Request judicial protection

Precautionary measures, content removal, account blocking and, where applicable, compensation for damages.

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Types of cybercrimes we handle

As criminal defense attorneys specialized in cybercrime, we act both in defending the accused and representing victims:

Phishing and spoofing

Digital identity theft to obtain banking data or credentials. Art. 248.2 CP.

Hacking

Unauthorized access to computer systems, data interception. Art. 197 bis CP.

Ransomware

Data kidnapping through encryption and extortion for its release. Art. 243 and 264 CP.

Identity theft

Creation of fake profiles, digital identity usurpation. Art. 401 CP.

Sextortion and sexting

Non-consensual distribution of intimate images, grooming, online sexual harassment. Art. 197.7, 183 ter CP.

Cyberbullying and online harassment

Threats, coercion and defamation through social networks and internet. Art. 169, 172 ter CP.
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Defense strategies in cybercrimes

CHALLENGING DIGITAL EVIDENCE
Digital evidence is the cornerstone of any cybercrime proceeding. Its validity depends on whether the digital chain of custody has been respected: from obtaining the device to forensic analysis. If data extraction was performed without judicial authorization, without procedural guarantees or with a non-certified tool, the evidence may be declared null and void.
PERPETRATOR IDENTIFICATION: IP AND ANONYMITY
In cybercrime cases, the identification of the perpetrator is frequently based on the IP address. However, an IP does not unequivocally identify a person: it may have been used by third parties (open WiFi, VPN, Tor network, malware). The defense must challenge the automatic attribution of responsibility based exclusively on the IP address.
COMPUTER FORENSIC EXPERT ANALYSIS
Requesting a counter computer forensic expert report is fundamental to verify the conclusions of the prosecution’s expert analysis. The defense expert can detect errors in data extraction, metadata alterations, or inconsistencies in digital forensic analysis.
LACK OF INTENT IN COMPUTER FRAUD
Many people are accused of computer fraud when they are actually victims of social engineering or have been used as money mules without knowledge of the fraudulent operation. The defense must prove that the accused was unaware of the illicit nature of the operation.
STATUTE OF LIMITATIONS AND TIME PERIODS
Statute of limitations periods in cybercrime cases vary according to the penalty for the specific offense. Basic computer fraud has a 5-year limitation period; unlawful access to systems, 5 years; disclosure of secrets, 5 years. Correctly calculating the dies a quo can be determinant for the defense.
TERRITORIAL JURISDICTION
Cybercrimes present frequent problems of territorial jurisdiction: the perpetrator may be in one country, the server in another, and the victim in a third. The defense can challenge the jurisdiction of the court hearing the case, especially when the alleged perpetrator resides outside Spain.

What to do if you are accused of a cybercrime?

If you have been reported or are being investigated for a cybercrime, these are the fundamental guidelines:

  • Do not delete anything. The destruction of digital evidence may constitute an additional offense and harm your defense.
  • Disconnect the device, but do not turn it off. Preserving volatile evidence (RAM) can be crucial for the expert analysis.
  • Consult with an attorney before making any statement. The technical terminology of these procedures requires specialized legal advice.
  • Request an independent expert analysis. Digital evidence may contain errors, alterations or inconsistencies that only a computer expert can detect.

What exactly is a computer crime?

It is any criminal conduct in which technology is the means to commit the crime (online fraud, phishing) or the target of the attack (hacking, ransomware). The Criminal Code does not have a specific title for «computer crimes»; they are distributed across various chapters according to the legal interest affected.

Can I claim compensation if I am a victim of a cybercrime?

Yes. The civil liability arising from the crime allows you to claim compensation for material and moral damages suffered. In computer fraud cases, you can claim the return of the defrauded amounts plus interest. In cases involving the dissemination of intimate images, compensation for moral damages can be significant.

How long do I have to report a computer crime?

The statute of limitations varies: computer fraud (5 years), disclosure of secrets (5 years), unlawful access (5 years), online defamation (1 year). It is essential to act quickly both to preserve digital evidence and to avoid exceeding the time limits.

What evidence should I preserve if I am a victim?

Screenshots with visible date and URL, complete emails with technical headers, conversations from WhatsApp/social networks, bank statements of transactions, access logs if the attack was on a system. Do not modify or delete anything: the authenticity of digital evidence is fundamental.

Can a general practice attorney handle my cybercrime case?

Computer crimes require specific technical knowledge that combines Criminal Law, technology, and digital forensic evidence. A general practice attorney may lack knowledge of the particularities of digital chain of custody, jurisprudential criteria regarding IP addresses as evidence, or the latest typologies of cybercrime.

Why choose an attorney specialized in cybercrimes

Cybercrimes require a criminal defense attorney profile that combines legal knowledge with technological understanding. Digital evidence, electronic chain of custody, forensic computer expert analyses and international cooperation in cybercrime matters require a specialization that not all law firms can offer.

In our law firm, we work with specialized computer experts to analyze digital evidence and build a solid defense. We are familiar with the practice of the National Police’s Technological Investigation Unit and the most recent jurisprudence on digital evidence.

If you are accused of online fraud, phishing or identity theft, contact our criminal defense law firm in Madrid. We will evaluate the traceability of connections and design a customized defense strategy.

Request a consultation with a cybercrime attorney in Madrid

We will study your case and tell you exactly what you are facing.

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OUR BLOG

Legal articles on cybercrimes, online fraud and cybercriminality

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