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Artificial intelligence · synthetic evidence

Offences and artificial intelligence

Criminal defence throughout Spain · offices in Madrid and Alicante

Deepfakes, voice cloning, automated fraud, synthetic impersonation and content generated without consent. AI has changed the way offences are committed, and the way they are proved. We are pioneers in their criminal and forensic treatment.

In brief. The Criminal Code already covers most AI-enabled conduct (fraud, impersonation, moral integrity, privacy), but its prosecution requires detecting, attributing and documenting the manipulation with a specific forensic methodology. The defence, conversely, requires the ability to challenge evidence in a world where everything can be fabricated.

Why it is different

AI
Proving that content is synthetic, or genuine, is the new frontier of expert evidence.
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Offices in Madrid and Alicante; assistance anywhere in Spain.
LIWARD
Our own methodology of legal intelligence and forensic analysis.

AI-enabled crime admits no analogue lawyers

Offences committed by means of AI share a single requirement: specific forensic method. A voice deepfake ordering a transfer, a fabricated intimate video, an automated disinformation campaign or a synthetic identity used to open accounts: the Criminal Code already covers most of this conduct (fraud, impersonation, offences against moral integrity and privacy), but its prosecution requires detecting, attributing and documenting the manipulation with a specific forensic methodology.

The defence, conversely, requires the capacity to challenge evidence in a world where everything can be fabricated. We investigate offences on the dark web and offences committed with AI, and we train legal practitioners in these matters.

Scenarios we handle

AI-enabled conduct and its place in the Criminal Code

Arts. 248–250 CP

Fraud with voice and image deepfakes

Cloning of executives’ voices to order transfers and synthetic video calls: the evolution of CEO fraud. Penalty: aggravated fraud, up to six years.
Art. 197.7 CP

Synthetic intimate images

Generation and dissemination of false intimate content of real persons: criminal protection of privacy and moral integrity. Routes: Articles 197.7 and 173, and protection of honour.
Art. 401 CP

Synthetic identities

Impersonation and creation of identities with AI to contract, open accounts or evade KYC controls. Penalty: six months to three years, plus related fraud.
Arts. 205–210 CP

Harmful disinformation

Defamatory deepfakes against directors and companies: criminal libel and slander and their urgent removal. Routes: criminal, Organic Law 1/1982 and content takedown.
Art. 264 CP

Automated attacks

Adaptive malware and AI-orchestrated attacks: computer damage and its technical attribution. Penalty: up to eight years in aggravated cases.
Art. 183 ter CP

AI against minors

Automated grooming and synthetic content affecting minors: priority, specialised prosecution. Regime: aggravated by the condition of the victim.
EU AI Regulation

AI Act compliance

Obligations for developers and users of AI systems: prevention of criminal and regulatory risk. Framework: the European AI Regulation and related rules.
Expert evidence

Forensic detection of synthetic content

Reports on the authenticity or manipulation of audio, video and images: the decisive expert evidence of modern litigation. Method: documented multi-layer technical analysis.
Challenge

Defence against fabricated evidence

Challenging possibly synthetic evidence produced by the opposing party: the new frontier of the defence. Effect: exclusion of the evidence or loss of its reliability.
Penalties at a glance

Conduct, legal classification and key evidence

ConductClassificationIndicative penaltyKey evidence
Cloned-voice fraud (executive vishing)248–2501 – 6 yearsExpert report on synthetic audio
Synthetic intimate video197.7 · 173According to the routeDetection of manipulation
Synthetic identity401 + 248CumulativeTraceability of its creation
Defamatory deepfake205–210Fine · imprisonmentAuthorship and dissemination
Automated attack264Up to 8 yearsTechnical attribution
AI grooming183 ter1 – 3 yearsForensics of the conversation
Fabricated evidence at trial393 · 461According to the routeCounter-expertise on authenticity
Legal person31 bisFine · suspension · dissolutionAbsence of a compliance programme

Penalty ranges are indicative and set out the ordinary framework; the sentence actually imposed depends on the degree of completion, aggravating and mitigating circumstances and the specific facts of each case.

Our differentiator

Where artificial intelligence meets forensic analysis

We are among the few firms with in-house forensic capability over synthetic content: deepfake detection, provenance analysis and expert reports defensible in court. On that foundation we apply LIWARD, Legal Intelligence Warfare for Defense, our own methodology, which integrates legal intelligence, case-law analytics, financial and accounting analysis and e-forensics into a single procedural strategy. That is what distinguishes us from conventional criminal defence.

01

Legal intelligence

02

Financial and accounting analysis

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Digital evidence · e-forensic

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Procedural strategy

How we work

From detection to the judgment

Phase 01

Detection and preservation

Phase 02

Forensic analysis

Phase 03

Strategy and evidence

Phase 04

Trial and appeals

Who we represent

Each profile demands a distinct defence

C

Companies

Companies that are victims of AI-enabled fraud, or identified through the use of their systems: criminal response and AI Act compliance.

D

Directors and managers

Directors impersonated through deepfakes: urgent content removal, criminal proceedings and reputational management.

I

Persons under investigation

Those investigated in cases involving possibly synthetic evidence: counter-expertise on authenticity and technical defence.

V

Victims · private prosecution

Victims of intimate or defamatory AI-generated content: removal, identification of the author and redress.

FAQ

Frequently asked questions

Our CEO’s voice has been cloned to order a transfer. What do we do?
This is aggravated fraud: immediately activate the bank recall, preserve the audio and file a complaint supported by expert evidence. Our laboratory establishes the synthetic character of the voice, which strengthens both the criminal action and the claim against the intervening banks.
A false intimate video of me generated with AI is circulating. Is it punishable?
Yes: depending on the case it falls within the offences against privacy and moral integrity, in addition to the civil protection of honour and image. We act on two fronts: urgent removal of the content and criminal prosecution of the creator and the disseminators.
Can a manipulated audio or video be used against me at trial?
It can be attempted; that is why expert authentication of audiovisual evidence is now indispensable. If the incriminating evidence is of doubtful origin, our counter-expertise on authenticity can exclude it or decisively degrade its probative value.
My company uses AI. What criminal risk do we face?
The use of AI systems can give rise to liability for the harm and offences they facilitate, and to sanctions under the AI Regulation. We integrate AI risk into criminal compliance under Article 31 bis: classification of systems, controls on use and traceability of automated decisions.
Do you handle cases outside Alicante?
Yes. We operate from Madrid and Alicante and provide assistance anywhere in Spain, including urgent assistance to detainees and proceedings with an international dimension.
What is the LIWARD methodology?
It is our own methodology, Legal Intelligence Warfare for Defense, which integrates legal intelligence, case-law analytics, financial and accounting analysis and e-forensics into a single procedural strategy.

Speak to a criminal lawyer

In a fast-track case, the days you have are the case.

Criminal defence in English before the courts of Alicante and the rest of Spain, for residents and for visitors who have flown home.

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Alicante – Playa de San Juan Av. Ansaldo 31, local 16, 03540 Alicante
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info@societejuridique.com

Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.

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