A DDoS (Distributed Denial of Service) attack involves someone deliberately overloading a computer system, network or website with a huge amount of traffic, making it inaccessible to users. This can have serious consequences such as financial loss, reputational damage and disruption of business operations. DDoS attacks are considered serious crimes and can result in severe legal penalties. If you are accused of being involved in a DDoS attack, it is crucial to seek expert legal assistance immediately. DDoS attacks are a form of cybercrime.
What does the law article say about DDoS attacks?
DDoS attacks fall under Article 138b of the Penal Code, which punishes computer hacking.
This article reads as follows:
'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.
What penalties can be imposed in DDoS attacks?
The penalties for conducting or facilitating DDoS attacks can be significant, depending on the extent of the damage and the impact of the attack. The court can impose a prison sentence of up to two years or a fourth-category fine of up to €22,500. In serious cases, where large companies or critical infrastructure are affected, for example, the penalties can be even more severe.
How can an attorney help with an allegation of a DDoS attack?
Our attorneys have extensive experience defending clients accused of DDoS attacks. We will thoroughly analyze the technical aspects of your case, critically evaluate the evidence, and craft a strong defense strategy. If the evidence was insufficient or illegally obtained, it may result in acquittal or a reduced sentence. If you have confessed to the attack, we can argue for mitigating circumstances that may reduce your sentence.
Exoneration for a DDoS attack?
An acquittal may be possible if there is insufficient evidence to prove involvement in the DDoS attack, or if the evidence presented in court is not convincing enough. Our attorneys will use all available legal resources to ensure that you receive a fair trial and to challenge any injustices. In previous cases, defendants have been acquitted because the charges could not be adequately substantiated.
Need a lawyer because of a DDoS attack?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists with in-depth knowledge of cybercrime, including DDoS attacks. We provide expert, fair and effective legal representation to ensure that your case is thoroughly investigated and your best interests are defended. Whether you have been wrongfully accused or have admitted your guilt, we will assist 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.
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