CYBERCRIME LAWYER FOR ELECTRONIC CRIME

Cybercrime is defined as a punishable criminal act committed through the use of electronic means. Depending on the manner of commission, electronic offences are divided into crimes committed using computers (computer crimes) and, where committed via the Internet, into cybercrimes (cyber crimes). It is worth noting that the use of electronic means — whether direct or indirect — is now found in virtually all conventional offences, and consequently the prosecuting authorities can extract very useful data from electronic sources in which the offender has left digital traces.

Forms of cybercrime

1. Distribution of child pornography material via the Internet, which may take the form of photographs, videos or any other multimedia format. The distribution of child pornography material will be addressed in greater detail below.
2. Defamation through social networks such as Facebook, Twitter and Instagram. This will also be examined in greater detail below.
3. Online fraud. This is the electronic manifestation of the conventional form of financial fraud and the most frequent form of cybercrime. It can be committed through various means and methods, such as deceptive e-mails, letters, unauthorised access to a computer, and so on. Important: in this type of fraud, any liability on the part of the bank must be examined — for instance, whether, at the same moment the fraud was reported, it notified the other bank to recall the transfers. Ask your bank for the relevant data and the recorded conversations you had with bank employees.
4. Malicious intrusions into networks (Hacking and cracking). Where the attacker intends to cause some form of damage or to obtain financial gain and acts with malicious intent, the term cracker is used; otherwise the term hacker applies.
5. Unsolicited correspondence (Spamming). The term refers primarily to the sending of large quantities of messages with advertising content.
6. Attacks on websites (websites). Such attacks aim at altering the content of a website in a humorous, propagandistic and sometimes offensive manner.
7. Phishing (Phising). Through phishing, an attempt is made to extract personal information from the victim — such as credit card numbers, passwords, etc. — for use in further unlawful activities.

In order to gain a better understanding of the nature of cybercrime, we shall examine in greater detail the offences of distribution of child pornography material and defamation through social networks.

Judicial reality regarding child pornography

In Greece, cases of production of child pornography are extremely rare. Most cases concern the distribution and possession of child pornography material. Indeed, in the average case file drawn up against a defendant, what is typically examined is the possession of a few dozen photographs. Many cases, however, involve young people who, out of curiosity, visited a website and downloaded one or two photographs, or downloaded a video clip together with which child pornography material was downloaded. The lives of these young people, if convicted, are completely destroyed. Most cases do not involve a serial offender but rather young persons who, out of curiosity, visited a site and now face a crushing sentence.

Defamation through Facebook as a form of cybercrime

How easy is it to face a criminal complaint for defamation through Facebook over a single post? Can a person who feels they have been insulted through a post bring legal action against the user who made the post, demanding retraction and/or financial compensation? Does the posting of insulting and untrue comments against a person’s character constitute an infringement of personality rights via the Internet? Notably, in such cases the relevant provisions of the Civil Code (AK) on torts and infringement of personality rights apply, rather than the press liability provisions.

Defamation through Facebook is more easily proven, because written records exist. Written records remain and fully prove the events. The conclusion is therefore that Facebook, Twitter and Instagram do offer many possibilities — such as commenting on actions taken by other members or users of the network — but, if the comment exceeds the limits of decency and infringes the honour of another, then the offender will, through expedited judicial procedures, face the legal claims of the aggrieved party:

1. Obligation to delete the insulting/defamatory statements,
2. Pecuniary compensation for moral damages,
3. Threat of a monetary penalty for any future infringement against the aggrieved party.

FREQUENTLY ASKED QUESTIONS ABOUT CYBERCRIME

1. What are the most common forms of cybercrime in Greece?

The most prevalent forms include computer fraud (e.g. phishing, investment fraud), unauthorised access to systems (hacking), infringement of personality rights on social media (bullying, non-consensual intimate imagery) and electricity theft (now classified among digital offences due to smart meters). Addressing them requires immediate legal action and digital tracing of the perpetrators.

2. What should I do if I fall victim to bank fraud (phishing)?

The first step is to contact the bank immediately to block your accounts and to file a report with the Cybercrime Prosecution Division. Legally, we pursue the recovery of the funds from the bank in cases where the necessary security measures (Strong Customer Authentication) were not implemented, by establishing the absence of gross negligence on the customer’s part.

3. How are personal data leaks and non-consensual intimate imagery addressed legally?

Depending on the case, these constitute serious felonies or misdemeanours. The legal defence includes the immediate filing of interim measures to have the material removed from the Internet and the lodging of a criminal complaint. As lawyer-engineers, we cooperate with providers (Meta, Google) to identify the perpetrator’s IP address, securing the digital evidence.

4. Why is a lawyer-engineer essential in Cybercrime cases?

Cybercrime is based on digital traces (logs, IP addresses, metadata). A lawyer with a background in Computer Engineering can “read” technical expert reports, challenge erroneous digital findings and guide the authorities in the proper collection of evidence. Legal knowledge without technical training is often inadequate to uncover the truth in the digital world.