Internet Criminal Law
Criminal Defense Lawyer Munich
Attorney for Criminal Law Munich
Specialist Lawyer for Criminal Law Munich
Internet criminal law/cybercrime – defense in the digital space
Are you being investigated by law enforcement authorities for a crime committed on the Internet? Then now is not the time for mistakes, but for an experienced specialist lawyer at your side.
The internet is not a legal vacuum – and the investigating authorities know that too. What used to be considered a gray area is now being pursued with great vigor: Whether it’s hate speech on social networks, possession or distribution of illegal content, digital fraud models, or technical manipulation – criminal prosecution in Internet criminal law is professional, internationally networked, and technically well-equipped. Even less serious offenses, such as insults against politicians or alleged incitement of the people in Facebook, Instagram, or X posts, are prosecuted relentlessly.
But you also have rights. And we make sure that these are upheld.
If your premises have been searched, investigations are ongoing, or you have even been charged or issued with a penalty order, swift and targeted action is required. Our specialist criminal lawyers have years of experience in the field of cybercrime – both nationally and internationally. We analyze the investigation files, identify errors in the presentation of evidence, and do everything in our power to protect your rights and your reputation.
- If you are arrested, searched or
summoned – stay calm - Do not comment on the
accusation. - Contact a lawyer immediately
+49 160-231 831 0
- Why should I hire a criminal defense attorney from your law firm specializing in Internet criminal law?
- Who do we defend?
- What is internet criminal law or cybercrime?
- Which offenses are typically covered by internet criminal law?
- What penalties do I face?
- What are the special features of internet criminal law?
- What is our defense strategy in Internet criminal law?
Why should I hire a criminal defense attorney from your law firm specializing in Internet criminal law?
Whether it’s cyber trading, online fraud, fake shops, child pornography, hacker attacks, or hate speech, we will defend you consistently and individually.
Criminal defense Munich – Our law firm offers you:
- Specialization: As specialist lawyers for criminal law in Munich, we work exclusively in criminal law and therefore have a great deal of experience.
- Technical expertise: We work closely with IT forensic experts and specialists to examine even the most complex digital cases.
- Experience with international proceedings: We regularly defend clients in cases with international implications, such as complex call center structures.
- Successful results: From the revocation or suspension of arrest warrants to the pre-trial dismissal of proceedings and
- acquittal or probation, we fight for your rights.
- Discretion and confidentiality: We represent you discreetly, with the necessary tact and tactical foresight.
Often, tiny technical details such as IP addresses, metadata, or the evaluation of temporary storage determine your criminal liability. We know these details. And we know where mistakes are made.
A successful defense in Internet criminal law requires not only experience but also technical know-how and the appropriate connections to IT specialists who are competent and quickly available.
We have defended countless cases in all areas of internet criminal law – whether cases involving so-called hate speech or cases where the details in the expert opinion, which is regularly obtained, are crucial, such as child pornography or youth pornography (date of creation of the file, last access, cache files, and much more).
We have also defended numerous call center operators and employees from Germany and abroad who have a large network of companies and who have been accused of defrauding numerous cyber trading customers of many millions. Particularly in larger corporate networks, intent with regard to criminal fraud is often impossible to prove, and the defense strategy must be focused on this. The responsibility of the individual becomes virtually impossible to pin down.
As lawyers working exclusively in the field of criminal law, we have defended individuals accused of violating internet criminal law for many years. Many of them were initially remanded in custody, but in quite a few cases, the arrest warrant was promptly suspended at our instigation, for example due to a deal with the public prosecutor’s office, and they were even allowed to return to their home country until the trial. In this respect, all possibilities must be exhausted and attention must be paid to all the special features of the case. For example, we succeeded in save a high-ranking call center employee from a 7-year prison sentence by having him placed in a rehabilitation center for alcohol problems after his pretrial detention and subsequently released well before the end of the 7-year period.
As specialist lawyers for criminal law, we are subject to annual continuing education requirements in the field of criminal law. Although these rarely cover topics related to Internet criminal law, we are nevertheless up to date with the latest legal developments.
Whether online fraud, cyberbullying, or illegal content: Internet criminal law is a sensitive field that combines technical know-how with criminal law expertise.
Who do we defend?
Our clients come from a wide variety of backgrounds – and many of them are in conflict with the law for the first time:
- Entrepreneurs, managing directors, shareholders, self-employed persons, IT specialists,
- Private individuals, school pupils, students or influencers,
- Operators, owners or employees of call centers, platforms or trading portals,
- Clients from Germany and abroad.
What is Internet criminal law or cybercrime?
Internet criminal law or “cybercrime” does not refer to a specific set of regulations, but rather a collective term for crimes committed or prepared in the digital space – ranging from everyday offenses to serious crimes with enormous penalties.
In the age of online communication, social networks such as Facebook, WhatsApp, Instagram, X, Snapchat, TikTok, and many more, as well as e-commerce, criminal prosecution has expanded massively into the digital space. Digital means of committing crimes, platforms, and forms of communication have led to the emergence of new forms of crime. These include cyberbullying, internet fraud, copyright infringement, identity theft, hacking, and defamation.
What offenses are typically covered by Internet criminal law?
Typical areas of crime in Internet criminal law include:
- Fraud or computer fraud (Section 263 StGB and Section 263a StGB), in particular online fraud, fake shops, eBay fraud, identity theft, call center fraud
- Data modification (§ 303a StGB) and computer sabotage (§ 303b StGB)
- Spying and interception of data (§§ 202a, 202b StGB)
- Falsification of evidence (§ 269 StGB)
- Copyright infringement, in particular through file sharing or illegal downloads/uploads
- Distribution of child pornography (§ 184b StGB) or other prohibited content
- Insults, defamation, slander on the internet, such as insults against politicians (§§ 185 ff. StGB)
- Hate speech, threats (§ 241 StGB) and incitement to hatred (§ 130 StGB)
- Violation of personal rights through the publication of photos, videos or private data (§ 201a StGB)
- Cyberstalking (Section 238 of the German Criminal Code) or digital stalking
Fraud or computer fraud (Section 263 StGB, Section 263a StGB)
Classic fraud requires deception, error, disposal of assets, and financial loss. In computer fraud, there is no human deception—the damage is caused by manipulating data processing systems.
Typical types of fraud on the internet include:
- Fake shops: Alleged online shops accept payments without ever delivering the goods.
- eBay fraud: Sales via eBay or classified ads where the product is not shipped after payment.
- Identity theft: Use of stolen data to conclude contracts or register on platforms.
- Call center fraud: There are various types of this, e.g., people posing as bank employees, lawyers, support staff, or government officials by phone or email (known as “social engineering”) to gain access to accounts, transfer money, or obtain cash.
Data alteration
(Section 303a StGB) and computer sabotage (Section 303b StGB)
These offenses relate to the integrity of data and IT systems.
- Data modification covers the unauthorized deletion, suppression, modification, or rendering unusable of stored data—e.g., the deletion of customer data in a company network.
- Computer sabotage refers to targeted attacks on operational processes (e.g., DDoS attacks or targeted infection with malware such as ransomware).
Spying and interception of data (Sections 202a, 202b StGB)
These provisions make it a criminal offense to obtain data without authorization—for example, through hacking, sniffers, or keyloggers.
Example: A person gains access to someone else’s email accounts or servers via a vulnerability and reads the data stored there.
Falsification of evidence (§ 269 StGB)
This provision protects trust in the authenticity of electronically stored data.
The falsification of evidence also includes so-called phishing emails, i.e., emails that pretend to come from a bank or other company in order to obtain bank access data or login details, for example.
Copyright infringement through file sharing or illegal downloads
Copyright infringements, i.e. the unauthorized use of copyright-protected works, can also be prosecuted on the Internet (Sections 106 et seq. of the Copyright Act (UrhG)).
This includes, for example, uploading films or music via file-sharing networks (peer-to-peer networks). This can lead to warnings, but also to criminal investigations. Anyone who, in cases other than those permitted by law, reproduces, distributes, or publicly reproduces a work or an adaptation or transformation of a work without the consent of the copyright holder shall be punished with imprisonment of up to three years or a fine (Section 106 (1) UrhG).
Distribution of child pornography (§ 184b StGB)
Severe penalties apply here – even possession is a criminal offense.
In Germany, investigations are very often initiated on the basis of information provided by the semi-governmental US organization NCMEC or by cloud providers who report suspicious files to the Federal Criminal Police Office (BKA). Even the unintentional forwarding of such content (e.g., in WhatsApp groups) can be punishable (see the detailed information on this in the article on child pornography) for more details.
Insult, defamation, slander on the internet (Sections 185 ff. StGB)
So-called “online insults,” often made by politicians, have become more commonplace. Statements made in private groups or forums are also punishable by law. However, the right to freedom of expression must always be taken into account in cases of insults, which nevertheless does not prevent the public prosecutor’s office from regularly bringing charges.
Similarly, a false accusation on a social network such as Facebook (“XY is evading taxes”) can constitute defamation (Section 187 StGB).
Hate speech, threats (§ 241 StGB) and incitement of the people (§ 130 StGB)
“Hate speech” includes, in particular, insults, death threats, anti-Semitic or racist statements.
If a user publicly calls for violence against a specific person or group on Telegram, this can constitute both a threat and incitement to hatred.
Violation of personal rights through the publication of private content (Section 201a StGB)
Publishing intimate photos or videos without consent – for example, as “revenge porn” – violates general personal rights and is punishable under Section 201a of the German Criminal Code (StGB).
The publication of private chats or telephone numbers may also be relevant under criminal law.
Cyberstalking (Section 238 StGB)
Cyberstalking describes digital stalking, e.g. by constantly sending messages, creating fake profiles or publicly defaming someone on the internet.
What penalties do I face?
All of the offences listed are punishable by a fine or imprisonment. The length of the prison sentence depends on the offence in question, the severity of the act, whether the person concerned has a criminal record, and many other factors.
In the case of insult, prison sentences are extremely rare and may only be imposed for up to two years.
In many cases, proceedings can be discontinued at the investigation stage—for example, in the absence of intent, problems with evidence, or as part of a deal with the public prosecutor (Sections 153, 153a StPO).
In cases of fraud, especially when millions are involved, prison sentences are regularly imposed, ranging from one to ten years in cases of gang crime, for example. However, the same applies here: First, proof of the offense must be provided, and we are often able to negotiate suspended sentences for those affected.
Special features of Internet criminal law – complexity and investigative pressure
Investigations in Internet criminal law are often technology-oriented and highly specialized. IP addresses, connection data, server logs, metadata, and digital forensics play a central role. In this regard, we also work with competent IT specialists who can quickly and reliably provide additional expertise for highly complex technical processes.
House searches are often ordered, storage media seized, or accounts frozen. Many clients first learn of the allegations when the police suddenly show up at their door.
We strongly advise against making any statements to the police at such a time. It is essential to engage a criminal defense attorney at an early stage in order to gain access to the investigation file and develop the best defense strategy.
Our defense strategy in Internet criminal law
We focus on tailor-made defense instead of standard solutions. In doing so, we analyze:
- Was the client actually the user of the IP address, or did someone else commit the crime?
- Did a third party gain access to the client’s technical devices?
- Were there technical errors in the data backup or evaluation?
- Were searches and seizures carried out lawfully, or are we filing an appeal against them?
- Was there really intent – or did the client have no knowledge of the procedure at all, or was it an accident?
- Is it possible to have the case dismissed quickly without a trial?
A common outcome of our work: cases are dismissed. Suspended sentences instead of prison sentences. Arrest warrants are revoked.
