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IT Criminal Law
IT Criminal Law

Lawyer for IT Criminal Law and Cybercrime

IT criminal law deals with criminal offences in the digital space. The terms "cybercrime" and "computer crime" are used to describe various criminal offences in which either IT systems are the target of the attacks (e.g. hacking) or the offence is (merely) committed using IT as a means of committing the offence (e.g. internet fraud). We specialise in this area of law and can advise and represent you in all matters relating to IT criminal law.
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Typical cases in IT Criminal Law

IT criminal law covers a wide range of offences that have a connection to information technology and often a connection to the internet. Typical case constellations include, for example

  • Hacker attacks and unlawful use to a computer system (Section 118a StGB)
  • Disrupting the operation of a computer system (Sec 126b StGB)
  • Misuse of computer programs or login data (Sec 126c StGB)
  • Data damage and data theft (Section 126a StGB)
  • Online fraud and phishing (Sec 146 StGB and Sec 147 StGB)
  • Social engineering attacks and CEO fraud
  • Forgery of data (Sec 225a StGB)
  • Improper interception of data (Sec 119a StGB)
  • Espionage of trade or business secrets (Sec 123 StGB)
  • Spread of malware such as viruses and ransomware
  • Defamation and credit damage on the internet (Sec 111 StGB and Sec 152 StGB)
  • Misuse of personal data and identity theft
  • Criminal law issues in connection with Artificial Intelligence (AI)

Our expertise in Cybercrime

Attorney for IT criminal law, Dr. Elias Schönborn has many years of defense and consulting experience in the field of cybercrime. In the course of Criminal Defense, he defends clients nationwide against criminal accusations in the field of IT criminal law or assists them as an injured company to enforce their rights in criminal proceedings as a Private Party or in Civil Proceedings. If necessary, we can draw on our extensive network of highly specialised IT forensic specialists and crisis communications experts.

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Criminal law and Artificial Intelligence (AI)

Artificial Intelligence (AI) not only makes countless processes much more efficient, but can also be used as a tool for criminal offences in the area of cybercrime or in the preparation and follow-up of crimes. At the same time, AI enables new ways to investigate criminal activities. As a modern law firm, we keep a very close eye on developments in the rapidly evolving field of Artificial Intelligence in order to provide the best possible advice in the area of cybercrime.

Leading publications on IT Criminal Law

Our criminal law expertise in the field of cybercrime is documented by numerous specialist publications (see most recently Schönborn/Steinhofer, chapter “Involvement of the police” and “Criminal Law Permissibility of ransom payments” in Anderl (ed.), Cybercrime, 2023). For the criminal procedural publication in the field of IT criminal law on the topic „Can law enforcement authorities force suspects to (biometrically) decrypt end devices?“ (“Dürfen Strafverfolgungsbehörden Beschuldigte zur (biometrischen) Entschlüsselung von Endgeräten zwingen?”), Dr. Schönborn and Univ.-Ass. Mag. Leo Seidl were awarded the Juristische Blätter promotional prize by the Austrian publishing house Verlag Österreich in 2022.

If you are facing legal challenges in the IT sector and need competent advice from an experienced lawyer in IT criminal law, please do not hesitate to contact us.

Dr. Elias Schönborn als erfahrener Rechtsanwalt und Strafverteidiger in Wien.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Suc­cess Sto­ries

Background: Our client was charged with serious fraud after her identity had been misused to place orders online. The IP address used was linked to her internet connection.

Challenge: The suspicion of the offence was based on digital evidence. It was therefore crucial to distinguish between the technical attribution of an internet connection and proof of which person had actually carried out the specific acts.

Approach: In a detailed counterstatement to the criminal complaint, we demonstrated that the attribution of an IP address does not allow for a definitive conclusion as to the person responsible and that it was technically possible for a third party to have used the Wi-Fi. In addition, we reconstructed the further sequence of events and, during the main hearing, challenged the inadmissible use of evidence from a police interview conducted without the appropriate instructions having been given.

Result: The Vienna Regional Criminal Court accepted our argument and acquitted our client.

Background: Our client, the managing director of a company in the energy sector, was under investigation on suspicion of economic espionage and data destruction. He was accused of disclosing trade and business secrets and of deleting company data.

Challenge: The focus was on data storage devices capable of communication, such as a company mobile phone and a laptop, which had already been examined by IT staff at the company that filed the complaint before being handed over to the law enforcement authorities. At the same time, the authorities initially intended to analyse the data storage devices with virtually no restrictions.

Approach: We successfully challenged the scope of the data analysis before the competent Higher Regional Court and secured a restriction to data relevant to the suspected offence. The subsequent forensic analysis revealed neither the deletion of company data nor any evidence of the unauthorised disclosure of trade or business secrets.

Result: The preliminary investigation was discontinued.

Background: Our clients, based in Cyprus, approached us after several of their bank accounts had been seized following a ruling by an Austrian court. The case stemmed from suspicions of an online romance scam targeting an Austrian woman, resulting in losses running into millions.

Challenge: The seizure resulted in significant financial constraints for our clients. It was therefore crucial to demonstrate quickly that, from the relevant ex ante perspective, there was insufficient evidence to suggest that our clients were involved in the alleged fraud or had any knowledge of its background.

Approach: We lodged an appeal with the Higher Regional Court and examined in detail the grounds for the seizure as well as the grounds for suspicion against our clients. In doing so, we demonstrated that the available information did not sufficiently substantiate our clients’ involvement in the online fraud and that the seizure was therefore, in any event, unlawful.

Result: The Higher Regional Court partially upheld our appeal. Several of the accounts that had previously been seized were released.

Background: An international pharmaceutical group fell victim to a professionally orchestrated “fake president” fraud. The perpetrators posed as senior executives of the group via messaging services and used a specially set-up platform to give the impression of a confidential internal group transaction. As a result, employees at foreign subsidiaries were induced to make payments totalling more than EUR 2 million.

Challenge: The case required immediate action because the perpetrators operated professionally, utilised digital communication channels and routed the payments through several countries.

Approach: We rapidly analysed the communications via the messaging services used, the specially set-up platform (data room) and the payment documents, and reconstructed the individual transactions. On this basis, we promptly submitted a detailed statement of facts to the Public Prosecutor’s Office and recommended targeted investigative measures to secure the bank data and further trace the payments.

Result: Within a few days, a criminal investigation into serious commercial fraud was launched, the disclosure of information relating to the relevant bank account was ordered and the funds held in it were secured. An international manhunt is underway for the suspect.

Background: An investigation was launched against our client after he had ordered forged medical qualification certificates via a foreign website and subsequently submitted them to an Austrian professional body.

Challenge: It was necessary to take into account that our client, as a paramedic, had many years’ experience in emergency medicine and numerous additional qualifications, was in an exceptional personal situation at the time of the offence, and immediately regretted his actions.

Approach: We submitted a comprehensive written statement in which we disclosed our client’s personal circumstances. In particular, we emphasised that this was a one-off instance of misconduct and that, in view of his previous conduct and the specific circumstances, a criminal conviction was not necessary.

Result: The case was settled through diversionary measures at the preliminary investigation stage.

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