Criminal defence

Cyber and Internet Criminal Cases

Defence in the field of so-called computer crime is one of our most challenging and at the same time most exciting tasks. Our law firm is tailor-made for this: we are in favour of digitalisation, are open to innovations and are happy when we get the opportunity to be creative. In the field of criminal defence in allegations from the area of cybercrime, the defence lawyer only makes limited progress with the knowledge taught at universities. In order to successfully counter the prosecution's hypothesis, the defence lawyer must understand virtual reality and IT technology. Lawyer Dr. Miluscheva has considerable experience in the field of nationwide defence in cyber and internet criminal cases. However, she knows the limits of her legal expertise and consults IT experts who can explain the functioning of the specific technical processes in a field-specific manner. Most matters can be handled with the help of experienced IT specialists from the firm's internal network. If necessary, we can also consult external IT experts and conduct our own investigations.

In our internationally oriented law firm, telephone consultations and discussions with our clients are a matter of course. Regardless of where you are, if you become aware of a preliminary investigation against you, lawyer Dr. Miluscheva will be happy to provide you with an audio/video conference upon request.

The same criminal laws apply in cyberspace that would apply elsewhere. Virtualisation and global networking mean that programmed actions can be carried out independently of the real place, which is why questions always arise about the applicable legal system. With the shift of many activities into cyberspace, the limits of what is permissible and the manifestations of punishable acts are also transferred. Cyber and Internet crimes classically include all those offences that are directed against the Internet, data networks, information technology systems or their data (data damage, hacking, DDoS - attacks, etc.) Cybercrime in the broader sense refers to offences in which information and communication technology is used for planning, preparation and execution for traditional criminal offences, such as fraud offences, child pornography, cyber grooming or cyber bullying.

The field of cybercrime is constantly evolving and presents us with new challenges. So far, we have gained practical experience in defending against the following charges:

  • Fraud through investment platforms for cryptocurrency, binary options, CFDs and other financial instruments (through brokers, traders, call centre agents, etc.)
  • Formation of criminal organisations according to § 129 StGB
  • Fraudulent obtaining of motor vehicles pursuant to § 263a StGB
  • Credit fraud according to § 263a StGB
  • Fraud by means of unlawfully obtained payment card data pursuant to § 263a StGB
  • Performance credit fraud pursuant to § 263a StGB
  • Billing fraud in the health care sector pursuant to § 263a StGB (German Criminal Code)
  • Bank transfer fraud according to § 263a StGB
  • Falsification of data relevant to evidence and deception in legal transactions in data processing pursuant to sections 269, 270 StGB
  • Possession, distribution and sale of child pornographic writings
  • Spying on and intercepting data pursuant to §§ 202a, 202b StGB

In the area of computer crime, matters with a foreign connection are part of the daily routine. The international orientation of our law firm enables us to look beyond Germany's borders on a daily basis. Dr Miluscheva has a doctorate in the field of European criminal law and is familiar with the subject of the European arrest warrant and the European investigation order. These measures are frequently taken by law enforcement agencies in the area of computer crime.

Certain manifestations of computer crime radiate throughout the entire German-speaking area. In some cases, criminal charges are filed from different places in Germany and investigations are conducted in many places. In order to be able to meet the challenges of this specific type of crime, many Federal States have set up so-called central offices for cybercrime. The Central Offices are responsible, among other things, for the prosecution of general offences in which the Internet has been used as a means of committing a crime and a high degree of technical evidence is required, insofar as the proceedings are of particular importance, particular difficulty and/or of particular scope. Thanks to our cooperation partners, we can offer our clients intensive on-site support even if the pre-trial detention is carried out far away from our office.

Regardless of where you are in the world, you will find with us a dynamic team of lawyers and IT experts who will confidently stand by you in the difficult hours.

Criminal defence