What is Phishing as Computer Fraud – Cyber Crime Guide

Phishing, is one of the most common forms of computer fraud. This crime consists of deceiving victims to obtain sensitive data such as passwords, credit card numbers or banking information. In Spain, the crime of phishing is regulated within the framework of fraud crimes in the Criminal Code. If you have been a victim or accused of this crime, it is essential that you know your rights and understand how to face this situation.

What is phishing?

Phishing is a computer manipulation that impersonates the identity of a trusted organization to obtain confidential information. Fraudsters usually send emails or SMS messages simulating the identity of legitimate entities, such as banks or payment platforms. By interacting with this link, the victim provides sensitive data, passwords, card number, CVC number, card expiration date that end up in the hands of fraudsters.

It is regulated in article 249 of the Criminal Code, which punishes any computer manipulation or artifice to achieve an unauthorized transfer as perpetrator of a computer fraud crime.

How does phishing occur?

The cybercriminal uses a computer platform to create a website that mimics the identity of a trusted entity. They then send a large number of SMS messages inciting victims to access a fraudulent link

What investigative procedures should be carried out in a phishing crime?

When we are victims of a phishing crime, the first thing we must do is file a complaint, either with the Police or directly at the Court, preferably with the assistance of an attorney.

Having an attorney specialized in private prosecution plays an important role in obtaining information that allows us to identify the perpetrator of the fraud, since placing the burden of investigation on the work of the Public Prosecutor’s Office could be a complete mistake.

What should I do if I have been a victim of phishing?

If you have been a victim of phishing, these are the steps you need to take:

1. File the complaint and request information from the bank about the holder of the account where the transfer was made.
2. Obtain data about the opening of the bank account linked to the fraud.
3. Request the connection IP used to operate the account.
4. Gather the physical device identification number from which the transactions were made.
5. Request the internet connection number to trace the perpetrator.

With this data, we can obtain information about the perpetrator of the fraud and direct the investigation against them and continue gathering the rest of the necessary evidence to have a favorable sentence.

I have been accused of phishing fraud. What should I do?

If you have been accused of phishing fraud, and