Cybercrime involves all criminal acts that take place via computers or the internet. This includes hacking, phishing, ransomware, and identity theft. The digital world brings unique forms of crime with it.
Types of Cybercrime
Hacking (Unlawful Access to Computer Systems)
Unauthorized intrusion into a system falls under Article 138ab of the Criminal Code. This can lead to a prison sentence of up to 2 years, or 4 years if data is copied.
Phishing
Obtaining personal or financial data through fake emails or websites. This is punishable as fraud (Article 326 Criminal Code) and may also fall under unlawful access to computer systems.
Ransomware
Blocking files through encryption and subsequently demanding ransom. This is regarded as extortion (Article 317 Criminal Code) combined with unlawful access to computer systems.
DDoS Attacks
Making websites or servers unusable through overloading. This is punishable as the intentional disruption of an automated system (Article 138b Criminal Code).
Online Child Pornography
Possessing, distributing, or producing child pornography is punishable under Article 240b Criminal Code, with penalties ranging from 4 to 8 years depending on the case.
Maximum Penalties
- Unlawful access to computer systems (hacking): 2 to 4 years
- Internet fraud: 4 years
- Extortion via ransomware: 9 years
- Identity theft: 5 years
Investigation Methods
The police have a specialized unit for cybercrime, the Team High Tech Crime. They can request IP addresses, conduct digital investigations, and collaborate internationally to track down perpetrators.
Importance of Digital Evidence
In cases involving cybercrime, digital evidence is essential. This includes log files, IP addresses, chat logs, and metadata. A lawyer plays an important role in critically analyzing this evidence.
Frequently Asked Questions about Cybercrime
What to do in case of hacking or a data breach?
Report it immediately to the police or via the digital reporting point. Change all passwords, especially for important accounts such as bank accounts. Engage an IT specialist for a system check and preserve evidence such as screenshots. In case of financial damage, contact your bank.
How do I recognize phishing and what should I do?
You recognize phishing by urgent messages, suspicious links, or unknown senders. Always check the email address and website URL. Do not click on links and do not open attachments. Report it to Fraudehelpdesk.nl and delete the message. If in doubt: contact the official authority via their own channels.
Is possession of hacking tools punishable?
Yes, possession of software intended for unlawful access to computer systems (Article 138ab Criminal Code) is punishable, even if you do not use it. This also applies to tools for DDoS attacks. Be cautious with downloading or sharing such tools.
Can my company file a report in case of ransomware?
Yes, filing a report is recommended, even if ransom has been paid. The police can help track down perpetrators and prevent further victims. Preserve all communication with the perpetrators and engage a cybersecurity expert for recovery and security.
How is digital evidence used in court cases?
Digital evidence such as log files and IP addresses is collected by the police or IT experts. It must meet legal standards such as reliability. A lawyer can challenge this evidence if it was obtained unlawfully or is inaccurate.
Legal Assistance in Leiden
For legal assistance in Leiden, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location, handles cases related to cybercrime in this region.