Cybercrime
In recent years cybercrimes have become more prevelent in Spain due to increased availbility of internet access and other advances in technology. This article will serve to provide more information about cybercrimes. If you are experiencing a form of cyber crime, or if you would like more information about this topic, you can contact one of our experienced lawyers.
A cyber crime is an illegal act that is committed through the use of an electronic device. Various crimes can fall under the broad category of a “cybercrime,” including fraud, stalking, distribution of child pornography, forgery, children harassment, cyber bullying, insults, revelation of secrets, hackers and more. Below is an explanation on some examples of cybercrimes.
If you believe you are a victim of cybercrime in Spain, you can report your crime to Policía Nacional.
Our criminal lawyers can help you with your case in Barcelona, Catalonia, or other areas of Spain.
Cyber Fraud
Cyber fraud refers to illicit online deception which ultimately leads to finacial or personal gain for the offender. It can take place on any electronic device, including smartphones, computers, tablets, and more.
There are various types of cyber fraud. In this article, we will discuss some of the more common forms.
Phishing
Phishing is a type of cyber fraud that involves hackers sending malicious email attachments or URLs to users to gain access to their accounts or computer. It can also be described as a type of attack where hackers attempt to trick unsuspecting users into doing something they would not usually do, such as clicking on an email attachment or malicious URL. Hackers usually leverage phishing attacks to steal login credentials or details which they can then abuse to gain unauthorised access to their victims’ emails or financial accounts. In other words, phishing is a way criminals act as identity thefts.
Pharming
Pharming is another way hackers attempt to manipulate users on the internet. In contrast to phishing, which attempts to capture personal information by getting users to click on an email attachment or malicious URL, pharming redirects users to websites that are fake without them being aware of it. Pharming is not as common as phishing is. However, it can affect many more people at once, since it is not necessary to target individuals one by one, and no conscious action is necessary on the part of the victim.
Identity fraud
Identity fraud refers to the same crime as identity theft. The U.S. Department of Justice says both terms “refer to all types of crime in which someone wrongfully obtains and uses another person’s personal data in some way that involves fraud or deception, typically for economic gain.” Identity theft occurs when someone steals your identity and identity fraud occurs when that person uses your identity to commit fraud or illegally deceive somone.
One example of identity frauds that is committed in the context of financial advantage is accessing a victim´s credit card, bank or loan accounts. Another example of identity fraud is criminal identity fraud, which occurs when someone cited or arrested for a crime presents himself as someone else by using that person´s name and identifying information.
Cyber Forgery
Cyber forgery is the criminal act that includes the false making or material alteration of a legal instrument with the purpose to defraud, mislead anyone. But forgery also includes some documents that have no legal efficacy but are commonly relied upon in the business world, such as a false letter of recommendation for employment.
It is not forgery to sign another person’s name or ti fill in blanks or alter a genuine writing in the honest, though mistaken, belief that such conduct is authorized. There must be fraudulent intent. If such intent is present, there is forgery even if no one is actually defrauded by the false document.
Cyberstalking
Cyber stalking is the repeated use of the internet or other electronic means to stalk or harass an individual, group, or organization, It may include false accusations or posting derogatory statements, monitoring someone’s online activity or physical location, and threats. Common ways of cyberstalking are by the use of email, instant messages, phone calls, and other modes of communication. Cyberstalking can also occur by sexual harassment, inappropriate contact, or unwelcomed attention to a person’s life and its family’s activities.
Please note that cyber stalking is not the same as social media stalking. Social media stalking means following someone’s activities via social networks, which usually does not involve harassment or criminal activity. In contrast, cyber stalking is a criminal offense under various state anti-stalking, and harassment laws. Criminal penalties from a cyberstalking conviction may include a restraining order, probation, or jail time.
Cyberstalking legislation varies from country to country. For up to date information on the Spanish cyberstalking laws, contact one of our experienced lawyers.
Distribution of Child Pornagraphy
Child pornography is any visual depiction of sexually explicit conduct involving a person under the age of 18 (minor). Child pornography is a form of sexual exploitation and abuse. Any production, distribution, importation, reception, or possession of an image of child pornography is against the law.
In addition, pedophiles also visit chat rooms online hoping to lure children into situations for sex. Luring a child into sexual acticity is prohibited. For example, chatting with a fourteen-year-old girl online and then suggesting a meeting is against the law. Also, traveling to a child’s home to engage sex after meeting by way of online chat rooms is criminal activity that will be prosecuted.
The laws governing distribution of child pornagraphy are stricts. Securing help from our experienced lawyers as early as possible is critical and can offer significant advantages. Do not wai
Cyberharassment or Cyberbullying
Cyber harassment or Cyber-bullying is the use of electronic means, such as the internet and social media sites to harass or itherwise bully an individual or group through personal attacks. It is often difficult to track as the person responsible for the acts of cyber harassment or cyber-bullying because he or she remains ananomous while threatening others online. Cyber harassment or cyber-bullying has become a more common phenomenon among teenagers.
Some countries have laws specific to cuber harassment or cyber-bullying. Harassements or bullying can take various forms. One form is through words, such as name-calling or rumors. Another is through images, such as posting or emailing revealing or embarrassing photos or videos, or even fake profiles sent or posted on social networks.
Laws concerning cyber-bullying can be complex, and the meaning of key aspects of the law can depend significantly on how courts have interpreted them. In addition, many of these laws are new and not tested in the appellate courts. Therefore, it can be difficult to know how trial judges will apply the laws. If you are facing cyber-bullying, consult our experienced lawyers at Piñera del Olmo who understands the charges and how the courts have interpreted the law will be of great help. We can evaluate the strengths and weaqknesses of your case, seek dismissal or a reduction in the charges, and craft an effective defense strategy before your case proceed to trial.
Should you require further information regarding Criminal Prosecutions, or you require representation in court, our firm can provide advice.
Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant to your case please contact our lawyers.
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