Criminal Law

Now that digital and network environments are the main catalysts for the economy, criminal organizations have also moved their activities to the Internet. Cybercrime is a form of digital crime in which cybercriminals break into, for example, a computer, telephone or the entire network of an organization. The motives of cybercriminals vary, but the impact is generally enormous. Moreover, cyber criminals are considerably professionalized, because of their anonymity. This makes it increasingly difficult for companies, governments and law enforcement agencies to keep up. New cybersecurity laws have been introduced targeting key sectors of society, while law enforcement powers to investigate and operate cybercrime have been significantly increased. Like cybercrime, the necessary catching up that legislators at international, European and national level have tried to do is above all complex. Are you dealing with one of the following forms of cybercrime and would you like to know what rules apply in this area in your case? Please contact Law & More. Our lawyers are experts in the field of criminal law and ICT and will be happy to assist you with advice.

According to the law, hacking (computer intrusion) is the ‘deliberate and unlawful intrusion of an automated work’. This means that the intrusion of an automated work is punishable in itself. However, it is not always clear when there is or is not ‘intentional and unlawful intrusion’. This is because the legislator did not want to list all possible ways of digital intrusion in advance. Whether or not there is a breach of computer peace therefore varies from case to case. Are you suspected of such a computer break-in? Then it is very important to call in an expert lawyer. After all, a good understanding of what exactly happened and a good legal analysis of which behavior can or cannot be made punishable is indispensable in a criminal case about hacking.

In the first stage of criminal proceedings, the judicial authorities already begin to gather incriminating evidence against you. Contrary to what many people think, the judicial authorities can access your phone and laptop (if they have been seized). So be aware that the judicial authorities (if they have searched your house) probably already have a lot of information. In order to be able to explain why you have done certain (suspicious) things, it is important to discuss the following with an expert lawyer. After all, visiting certain websites, for example, is in principle already suspicious, but there are many situations imaginable in which there is a good reason for visiting a certain website. The specialized lawyers of Law & More can then provide you with advice on the (follow-up) steps to be taken and can check whether the judicial authorities are complying with the rules.

Hacking is not always punishable. There is also such a thing as responsibly exposing a leak in a security system. In some cases, hackers want to contribute to society by alerting companies and government bodies to the weaknesses in their system security. For example, exposing a leak in a frequently used server may in fact lead to additional security for that server. This is also known as white hat hacking. Hacking is only punishable if it is unlawful. If a breach of computer peace is not unlawful, the judge will acquit the hacker. Are you dealing with White Hat Hacking and do you have questions about your legal status? Then please contact the lawyers of Law & More.

The number of court cases involving DDoS attacks has risen enormously in recent years. A Denial of Service (or DoS attack for short) can massively bombard a computer or server (e.g. a website) with data traffic. As a result of these crash attacks, the computer or server becomes (temporarily) unusable. If, as a victim you come into contact with DoS and DDoS attacks, or if you are suspected of doing so it is very important to call in an expert lawyer. Intentionally bombarding a computer or server with data traffic (DoSs or DDoSs) is punishable. The sentences for DoS attacks can vary from 2 to 5 years imprisonment. If someone is prosecuted for the consequences of a DDoS attack, the penalties will vary from 6 to 15 years imprisonment. Do you need help in this matter? Please let us know, we will gladly assist you.

Ransomware is also called hostage software in Dutch. It is a computer virus (malware) that hijacks the computer or the files on it and then encrypts these data so that they are no longer accessible. Ransomware is malicious software that infects your computer and displays messages that require a fee to be paid before your system can be used again. This type of malware is a criminal way of making money that can be installed through misleading links in an email message, chat message or a website. The way ransomware is ‘delivered’ to the victim is often similar to how other malware variants infect your business. For example, by a phishing email or a click on a malicious link. Unfortunately, there is no cure that offers complete protection against ransomware. However, there are several things you can do now that they are comparable to the measures you can take against other malware. For example, you can buy a good operating system in order to reduce the risk of recidivism. It is also important to create strong passwords that are backed up. In the unlikely event of an attack with hostage software, do you want to know what you can do? The lawyers at Law & More will be happy to help you.

With the rise of cryptocurrencies such as Bitcoin, Ethereum, Monero and IOTA a lot is changing in the legal world. Cryptocurrencies, or crypto’s for short, are digital coins. A virtual means of payment that only exists digitally. With a cryptocurrency you can make online and offline payments without the intervention of a third party.

In the context of the Disclosure Regulations and the Money Laundering and Terrorist Financing (Prevention) Act (Wet ter voorkoming van witwassen en financieren van terrorisme, Wwft), more and more questions are being asked about crypto currencies. This gives rise to possible discussions that come up for discussion in the tax treatment of cryptocurrencies, as well as some remarks about the virtual currency in relation to the obligation to report unusual transactions. Both the Public Prosecutor’s Office and the Fiscal Intelligence and Investigation Service (FIOD) are active in detecting criminal offences committed using crypto currencies such as bitcoins, ethereum, monero, etc.

For the time being, these are criminal cases in which clients are suspected of laundering criminal assets and coins. The FIOD is in fact able to make a link between (bitcoin) addresses and a user and to assess whether the addresses used in certain transactions, for example, occur on darknet markets and possibly originate from crime. Moreover, in the field of cryptocurrency in tax matters, there are still a number of questions and the necessary tax procedures can be expected. Despite the fact that paying taxes is not possible with crypto assets, there is, for example, an obligation to include crypto assets in the tax return.

The consequences of not accounting for crypto assets to the tax authorities could be significant and could even be prosecuted. This can be on the basis of tax fraud (the deliberate making of incorrect declarations) but also on the basis of money laundering. Law & More’s lawyers can assist you from the first stage of the prosecution: in making statements during interrogations, pre-trial detention and other coercive measures.

Fraud is a collective concept of various criminal offences, involving misrepresentation in paper or electronic documents. As far as criminal law is concerned, it does not make much difference whether the fraud was committed through the Internet; the same legal provisions apply. Common fraud cases via the internet, on which Law & More can advise you, are:

Taking copyrighted material online without permission and paying for it is called illegal downloading. Illegal downloading is not punishable. You cannot be prosecuted for the illegal downloading of music, films or games. However, you can be prosecuted under civil law for the damage suffered by the author as a result of your download. Illegal downloading of films, music or computer games is an infringement of copyright and this can be enforced under civil law. This means that the owner of copyright-protected material can claim damages from the person who illegally downloaded his or her product. It is important to obtain legal advice and assistance during such proceedings. The lawyers at Law & More are experts in the field of civil (procedural) law and are happy to assist you in this respect.

Phishing is a form of internet fraud in which internet criminals try to obtain personal data or passwords. Phishing therefore moves someone to voluntarily give (payment) details to someone else. Because victims of phishing provide the data without coercion, it is sometimes difficult to prosecute phishing. If phishing is prosecuted as an offence, it is done on the basis of fraud or forgery.

Fraud, in ‘normal language’, is obtaining a certain advantage against the law by deceiving someone. This advantage may consist of handing over goods or money, providing a service, making data available or entering into a debt. Deception can occur through the adoption of a false name or false capacity, through other ‘cunning tricks’ or through a conspiracy of compaction. According to the law, forgery is when a person forges or forges a document intended to serve as proof of any fact, with the intention of using it as genuine and unadulterated. Are you dealing with phishing and would you like to know more about it? Law & More will be happy to help you.

Malware, or “malicious software”, is an umbrella term describing a malicious program or code that is harmful to computer systems. Well-known examples are viruses, worms, Trojan horses, rootkits and spyware. Since the entry into of the laws, it has been punishable within computer crime to create, sell or own certain software if the owner has a malicious intent to do so. Distributing or making available programs intended to cause damage in an automated work is punishable by up to four years imprisonment. Have you been affected by such malicious software or have you accidentally distributed it yourself? Then it is important to contact an expert lawyer. Are you curious about what Law & More can do for you? Please contact us.

Grooming is defined as the approach to and contact with children under the age of 16 by an adult, with the ultimate aim of making an appointment with the intent to commit lewd acts with the child. In the vernacular this is called ‘online grooming’. Usually, the suspect has contact with the minor for a longer period of time before the criminal line is reached. Grooming is an offence punishable by up to 2 years imprisonment. As grooming is a serious offence, the assistance of a lawyer is highly recommended. An expert lawyer from Law & More can provide you with further information about grooming and, when it comes down to it, can also assist you in criminal proceedings.

Identity fraud is a criminal offence often committed for economic gain. By using someone else’s identity, for example, products or services are purchased on that other person’s account. As soon as another person’s “stolen” identity is misused, it can be a criminal offence. Article 231b of the Penal Code provides that using another person’s identity without the right to conceal his own identity, or abusing another person’s identity, is punishable by imprisonment of up to 5 years. This only applies, incidentally, if the abuse is likely to cause harm. Even if an identity is used to get something out of it, it can be a criminal offence.

The offence depends on its use. If the identity is used to take out a loan, in addition to forgery, fraud or embezzlement is also involved. At Law & More we understand that identity fraud can have far-reaching and far-reaching consequences. That is why we take a personal approach. Together with you we determine your legal position and the possible (follow-up) steps.

The largest search engine in the world, Google, roughly indexes 20% of the entire internet. The rest of the internet consists of the deep and dark web. The deep and dark web is the publicly accessible, but not easily findable part of the internet. It cannot be reached with normal browsers. This part is encrypted and requires special browsers.

Many illegal things happen on the dark web that criminals want to keep out of sight of the justice system. It is a hiding place for drug dealers, arms and human traffickers and users of child pornography. Forged passports, illegal fireworks, counterfeit money, everything can be found and ordered here. It is a kind of online black market, where payments are made in anonymous currency.

The other non-indexed part of the Internet, the deep web, is used by various groups such as political activists and whistleblowers from different countries. It is often punishable or dangerous for them to express their opinions through normal means of communication. Visiting the deep web is not illegal. However, acts carried out from deep web are punishable under circumstances. In addition, a number of specific cases on the dark web are explicitly punishable and the mere act of searching for them is also immediately punishable.

Before undertaking any actions in relation to the Deep and Dark Web, it is important to obtain legal advice. For example, which things are you not allowed to look up and what does the possible criminalisation mean for you? The lawyers of Law & More will answer your questions.