Cybercrime Defence in Spain

Reviewed by Javier Rincón Bernal, member of the Málaga Bar (ICAMálaga) since 1999. Last updated 25 October 2026.

Criminal Defence Spain

Cybercrime Defence Lawyers in Spain

Accused of cybercrime in Spain? RINBER provides expert English-speaking criminal defence. Call +34 627 467 042 for an immediate free consultation.

Cybercrime Under Spanish Law

Spanish criminal law covers a broad range of computer and internet-related offences. As digital investigations become more sophisticated, Spanish prosecutors increasingly bring charges involving alleged cybercrimes against individuals, companies, and professionals.

Types of Cybercrime We Defend

• Online and computer fraud (estafa, estafa informática) — Articles 248 and 249 CP: deceiving someone into a payment, or using computer manipulation or someone else’s card or payment data to obtain an unauthorised transfer. Six months to three years; one to six years in aggravated cases (Article 250 CP), and up to eight years in the most serious ones.
• Hacking (acceso no autorizado) — Article 197 bis CP: accessing or staying in a computer system by breaching its security measures, six months to two years; intercepting non-public data transmissions, three months to two years or a fine.
• Data theft and privacy breaches — Article 197 CP: intercepting communications or accessing private data, one to four years; two to five years if the data is disclosed; higher where sensitive data or a profit motive is involved. Sharing intimate images without consent, even if obtained with consent, is a separate offence (Article 197.7 CP).
• Child sexual abuse material (pornografía infantil) — Article 189 CP: production or distribution, one to five years; possession for own use or knowingly accessing it online, three months to one year or a fine. Online grooming of children under 16 is a separate offence (Article 183 CP).
• Cyberstalking and online harassment — Article 172 ter CP: three months to two years or a fine.
• Phishing and identity theft
• Ransomware and malware distribution
• Intellectual property and copyright offences online

Defending Cybercrime Accusations

Digital evidence in cybercrime cases is complex and often misunderstood. Our defence team works with independent digital forensic experts to challenge: the attribution of IP addresses; the integrity and chain of custody of digital evidence; the legality of police digital investigations and search warrants; and the technical conclusions drawn by prosecution experts.

Many cybercrime accusations arise from shared networks, compromised devices, or mistaken identity. We build a rigorous technical and legal defence from the outset.

Device searches: what the police can and cannot do

Seizing your phone or laptop does not by itself allow the police to examine it. Spanish law requires a specific, reasoned decision by the investigating judge that justifies access to the data on each device (Article 588 sexies a of the Criminal Procedure Act). Where that authorisation is missing, too broad, or exceeded, the evidence can be excluded. If you are arrested, you have the right to remain silent and to a lawyer of your choice before making any statement (Article 520 of the Criminal Procedure Act), and to a free interpreter.

Sources: Spanish Penal Code and Criminal Procedure Act (BOE, consolidated text).

Last updated: 25 October 2026.

Related Legal Guides

• Cybercrime in Spain: Laws, Offences and Criminal Defence

English-speaking defence from the first minute of arrest

Arrest does not wait. Do not make any statement to the police without your lawyer. Call us first.

01

Call us

Call +34 627 467 042. Available 24 hours, English-speaking. We answer immediately.

02

We arrive

We attend the police station or court of instruction before any statement is taken.

03

We defend

We activate the defence strategy from the first second of the detention.

Related guides: Charged with Disclosure of Secrets or Privacy Violations in Spain