Malware involves someone intentionally developing, distributing, or using malicious software to access computer systems, steal data, or damage digital networks. This can range from viruses and ransomware to spyware and Trojan horses. Malware is considered a serious criminal offense and can lead to severe legal consequences. If you are accused of using, developing or distributing malware, it is crucial to seek expert legal assistance. Malware is a form of cybercrime.
What does the law article say about malware?
Malware-related acts fall under several articles of the Penal Code, including Article 350a Sr (destruction of computerized works) and Article 138ab (computer hacking).
Article 138ab Sr 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 malware?
Penalties for malware-related crimes can be substantial, depending on the severity of the damage and the extent of the spread. The court can impose a prison sentence of up to six years or a fifth-category fine of up to €103,000. If the malware caused serious damage or was spread on a large scale, the penalty may be more severe. The court takes into account the degree of intent, the impact on the victims, and other relevant factors when determining the punishment.
How can an attorney help with a malware allegation?
Our attorneys have extensive experience defending clients against allegations related to malware. We will thoroughly investigate the technical details and legal context of your case, uncover weaknesses in the charges, and develop a defense that works in your favor. 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 malware?
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 malware?
The attorneys at Kötter, L'Homme & Plasman Attorneys at Law specialize in criminal cases, including those involving malware. We provide 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.
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