Computer crimes grow every year. Whether you are a victim or under investigation, a specialised defence with sound handling of digital evidence makes the difference.
Under the label of computer crimes or cybercrimes are grouped very different forms of conduct that have one thing in common: they are committed through, or against, computer systems and data. Knowing the categories helps to understand the seriousness, the penalties and the defence strategy.
What are computer crimes?
They are criminal offences in which technology is the means or the target: from fraud committed over the internet to unauthorised access to a system. The Spanish Criminal Code deals with them in a scattered way, so their exact classification requires joint technical and legal analysis.
The most frequent types
Online fraud: deception and swindles committed over the internet. Unlawful access (hacking): entering systems or accounts without authorisation. Computer damage and ransomware: deleting, altering or hijacking data and systems. Disclosure of secrets: accessing or disseminating private data or communications. Identity theft: impersonating another person online. Sextortion and cyberstalking: coercion, harassment or dissemination of intimate images.
What penalties do they carry?
They vary greatly according to the type, the seriousness and the aggravating circumstances (criminal organisation, number of victims, specially protected data), and include imprisonment and fines. The specific classification must be assessed by a lawyer in the light of the facts.
Digital evidence is decisive
In these offences, winning or losing often depends on how the electronic evidence is obtained and preserved: its authenticity, its integrity and its chain of custody. Technical verification is key, and a WhatsApp message or an email may serve as evidence only if those requirements are met.
How Société Juridique can help
We are a firm specialising in technology criminal law. We act for the defence and for the prosecution in computer crimes, cyberattacks on companies and online fraud, with the support of digital forensic analysis. We analyse your case and the digital evidence and design the defence or prosecution strategy, in Alicante, Madrid and throughout Spain.
The main offences and their penalties
Spanish law does not have a single “cybercrime” offence; the conduct is spread across several provisions of the Criminal Code. Unauthorised access to computer systems, commonly called hacking, is punished under Article 197 bis. The discovery and disclosure of secrets, which covers the interception of messages, the seizure of e-mails or private files and the unauthorised access to personal data, is punished under Article 197 with imprisonment of one to four years and a fine of twelve to twenty-four months. Computer damage, that is, deleting, damaging, altering or making inaccessible data or programs without authorisation, is punished under Article 264 with imprisonment of six months to three years, with higher penalties for attacks on critical infrastructure or committed within a criminal organisation. Fraud committed through computer manipulation or the unauthorised use of payment instruments is prosecuted as fraud under Articles 248 to 250, with the penalties explained above. Companies may also be held criminally liable for several of these offences when they are committed for their benefit by their staff without adequate controls.
Where to report and what to preserve
Reports may be filed with the National Police, the Guardia Civil, which have specialised technological crime units, or directly with the duty court, and the National Cybersecurity Institute offers a free helpline for guidance. Before reporting, the evidence must be secured: screenshots with visible dates and URLs, exported e-mails with their full headers, server logs, records of transactions and the affected devices, which should not be reset or reinstalled. Where a company has suffered an intrusion, an early forensic image of the affected systems, taken by a professional who documents the chain of custody, is often the difference between a complaint that can be investigated and one that is shelved.
Cross-border cases and the defence of the accused
Most cybercrime crosses borders, so the Spanish courts routinely use the European Investigation Order and the mechanisms of the Budapest Convention on Cybercrime to obtain data held abroad. From the perspective of the person accused, the defence concentrates on three questions: whether the digital evidence was obtained with judicial authorisation and with a documented chain of custody; whether the connection between an IP address, an account or a device and a specific person has been proven, since a shared connection or a compromised account is not proof of authorship; and whether the conduct meets all the elements of the offence, in particular the lack of authorisation and, for fraud, the existence of an economic loss caused by the manipulation.
Frequently asked questions
What is a computer crime?
A criminal offence in which technology is the means or the target: online fraud, unlawful access to systems, computer damage, disclosure of secrets and similar conduct.
What penalty does a computer crime carry?
It depends on the type and the seriousness; the penalties range from fines to imprisonment, with aggravating circumstances in certain cases. The specific classification must be assessed by a lawyer.
Can a WhatsApp message or an email be used as evidence?
It can, but its weight depends on its authenticity, integrity and chain of custody. Technical verification is key.
What is the penalty for hacking and for computer damage in Spain?
Unauthorised access is punished under Article 197 bis of the Criminal Code; computer damage under Article 264 carries imprisonment of six months to three years; the discovery and disclosure of secrets under Article 197 carries one to four years and a fine.
Is an IP address enough to convict someone of a cybercrime?
No. The courts require proof that links the connection, account or device to a specific person; a shared connection or a compromised account is not, by itself, proof of authorship.
Related guides
- Mobile phone data extraction and the digital chain of custody
- Recovering money from an online scam in Spain
- WhatsApp messages as evidence in Spanish courts
Do you need a criminal defence lawyer in Alicante or Madrid now? Société Juridique provides emergency assistance and 24-hour assistance to detained persons in Alicante, Madrid and throughout Spain.
This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
