Written by Javier Rincón Bernal & Manuel Rincón Bernal — Criminal Defence Lawyers · RINBER (25 years of practice)
Cybercrime is a fast-growing area of Spanish criminal law. From sextortion to hacking, from online fraud to child abuse material, digital offences are prosecuted aggressively by Spanish authorities. The digital evidence rules are complex, and challenging that evidence is often the most effective defence strategy.
Main Cybercrime Offences in Spain
- Sextortion / Non-consensual intimate images — Art. 197 CP: up to 5 years.
- Computer-facilitated fraud — Art. 248.2 CP: 6 months to 3 years.
- Unauthorised access to computer systems (hacking) — Art. 197 bis CP: 6 months to 2 years.
- Online stalking / cyberbullying — Art. 172 ter CP: 1 to 2 years.
- Child sexual abuse material (CSAM) — Art. 189 CP: 1 to 5 years (possession); up to 9 years (production/distribution).
- Data theft / corporate espionage — Art. 197-199 CP.
Digital Evidence Rules in Spain
Digital evidence must be obtained with a judicial authorisation and preserved through a strict chain of custody. Evidence obtained without a court order, or where the chain of custody is broken, can be challenged as inadmissible. RINBER works with accredited digital forensics experts to challenge the prosecution’s digital evidence.
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Javier Rincón Bernal
Over 25 years of criminal defence. High-profile cases covered by TVE, Antena 3 and La Sexta, and appeals before the Supreme Court.
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