Hacking involves someone gaining unauthorized access to a computer system, network or data, usually with the intention of stealing, altering or damaging information. This can range from cracking passwords to installing malicious software to obtain confidential data. Hacking is considered a serious crime in the Netherlands and can lead to severe legal consequences. If you are accused of hacking, it is essential to seek expert legal assistance immediately. Hacking is a form of cybercrime.
What does the law article say about hacking?
Hacking falls under Article 138ab of the Penal Code, which criminalizes unauthorized entry into an automated work. 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 for hacking?
Penalties for hacking can vary considerably, depending on the severity of the offense and its consequences. In the most severe cases, the court can impose a prison sentence of up to six years or a fourth-category fine of up to €22,000. If the hacking caused serious damage, such as leaking sensitive information or disrupting critical infrastructures, the punishment can be even more severe. In determining the punishment, the judge takes into account factors such as the extent of the damage, the degree of intent, and any mitigating circumstances.
How can a lawyer help with an accusation of hacking?
Our attorneys have extensive experience defending clients against allegations of hacking. We examine the technical aspects of the case, verify the legality of the evidence gathered, and identify any errors in the investigation process. If the evidence against you was insufficient or illegally obtained, it may result in an acquittal or reduced sentence. If you have pleaded guilty, we may argue for a lenient sentence by citing mitigating circumstances, such as lack of prior criminal offenses or limited damages.
Acquittal for hacking?
An acquittal may be possible if there is insufficient evidence to prove your guilt, or if the evidence does not stand up in court. There are cases where defendants have been acquitted because the legal requirements for a conviction were not met or procedural errors during the investigation violated their rights. Our lawyers will make every effort to ensure that you receive a fair trial and that injustices are challenged.
Need a lawyer because of hacking?
The attorneys at Kötter, L'Homme & Plasman Lawyers specialize in criminal law, including hacking. We offer expert, sincere and effective legal representation to ensure that your case is thoroughly investigated and that your rights are protected. Whether you have been wrongfully accused or have admitted your guilt, we will guide 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.
