FREYSCHMIDT - FRINGS - PANANIS - VENN - Verteidiger in Strafsachen
FREYSCHMIDT - FRINGS - PANANIS - VENN - Verteidiger in Strafsachen

Criminal IT law

We cannot imagine daily life without data-processing systems used for work or the internet used as a medium of communication. These are, however, also the starting point and target of actions relevant to criminal law. Criminal IT law covers both offences committed with a computer or over the internet and investigative measures aimed at data transmission and storage.

To provide effective defence it is not enough to understand the technical developments. The challenge of subsuming the changing real-world situation under existing substantive provisions for offences brings legal uncertainty, but also opens room for argument.

Because data, for example emails, are stored on one's own devices and servers as well as with external providers, law enforcement authorities see these media as sources of information. To protect the basic rights of the defendant, exact knowledge is needed of the constantly changing powers of intervention, some of which are eventually deemed unconstitutional. A significant factor in successful defence is making sure that the processing of evidence obtained from telecommunication monitoring systems at the source, online searches and previous data retention is only done within legal limits.