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

• Computer fraud (estafa informática) — Article 248.2 CP: using computer manipulation to transfer funds without authorisation. Up to 6 years if aggravated.
• Hacking (acceso no autorizado) — Article 197 bis CP: unauthorised access to computer systems. Up to 3 years.
• Data theft and privacy breaches — Articles 197–197 quinquies CP: interception of communications, accessing private data. Up to 5 years.
• Online child exploitation (pornografía infantil) — Articles 183 bis–sexies CP: production, distribution, or possession of CSAM. 1–5 years.
• Cyberstalking and online harassment — Articles 172 ter, 173 CP.
• 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.