Data theft is a serious crime in which someone obtains and uses another person's personal or confidential information without authorization. This can range from stealing financial data, personal documents and login information to obtaining business-sensitive information. A conviction for data theft can have serious consequences, both legal and financial. If you are accused of this crime, expert legal assistance is essential. Data theft is a form of cybercrime.
What does the law article say about data theft?
Data theft falls under Article 138ab of the Penal Code. This article reads:
'1. He who intentionally and unlawfully intrudes into an automated work or part thereof shall be punished with imprisonment of not more than two years or a fine of the fourth category as guilty of computer hacking. Intrusion shall be deemed to have occurred in any case if access to the work is gained:
a. by breaching a security,
b. by a technical intervention,
c. using false signals or a false key, or
d. By assuming a false capacity.
2. Punishable by imprisonment of up to four years or a fine of the fourth category shall be punishable by computer hacking if the perpetrator subsequently takes over, taps or records for himself or another person data stored, processed or transmitted by means of the automated work in which he is unlawfully present.
3. Punishable by imprisonment not exceeding four years or a fine of the fourth category shall be computer hacking committed through the intervention of a public telecommunications network, if the perpetrator subsequently
a. uses processing capacity of an automated work with the intent to unlawfully benefit himself or another;
b. acquires access to the automated work of a third party through the intervention of the automated work into which he has intruded.
This article of law emphasizes that unlawful acquisition of data through unauthorized access or other illegal means is punishable.
What penalties can be imposed for data theft?
The penalties for data theft can be significant. Depending on the seriousness of the case and the impact of the theft, the judge can impose a prison sentence of up to six years or a fifth-category fine, which can be up to €103,000. In determining the sentence, the judge considers factors such as the nature of the theft, the extent of the data obtained and the damage caused to victims or businesses.
How can an attorney help with an allegation of data theft?
Our attorneys have extensive experience defending clients against allegations of data theft. We will thoroughly analyze the evidence, uncover any weaknesses in the charges and develop an effective defense strategy. If the evidence is insufficient or illegally obtained, it may result in an acquittal or reduced sentence. If you have pleaded guilty, we can argue for mitigating circumstances that may reduce your sentence.
Exoneration for data theft?
An acquittal may be possible if there is insufficient evidence to prove your involvement in data theft, or if the evidence is not convincing enough. Our attorneys will use all legal means to ensure that you receive a fair trial and to challenge injustices. Case law shows that acquittals are possible when the evidence is not convincing.
Need a lawyer because of data theft?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists in the field of data theft. We offer expert, honest and sincere advice and ensure that you are well prepared during the hearing of your criminal case. Whether you have been wrongfully accused or have admitted your guilt, we will help you through the legal process and strive for the best outcome for your situation.
Do you have questions or would you like to seek legal help immediately? If so, please contact our office. You can email us at info@klpadvocaten.nl or contact us by phone during business hours at 020-6731548. For urgent matters, such as an upcoming arrest, please reach us at our emergency number 06-24428734.
Read here more about cybercrime.
