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 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.
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.