Computer fraud is one of the central criminal offenses in the field of cybercrime. For those accused, this often means direct confrontation with investigations, house searches, and the seizure of computers and smartphones.
Effective defense requires not only sound legal knowledge of German law but also a deep understanding of the technical background. The criminal offense itself is complex, and the potential consequences are severe: in particularly serious cases, prison sentences of up to ten years are possible. For this very reason, specialized and experienced defense is essential. We are thoroughly familiar with the legal classification and practical handling of computer fraud cases. With our technical expertise and extensive experience in internet crime, we provide effective representation from initial investigation through to case resolution.
About Computer Fraud in Germany and Common Forms
Computer fraud is a criminal offense closely related to “regular” fraud, as defined under Section 263 of the German Criminal Code (StGB). However, a key requirement of “regular” fraud is that the harmful actions must be directed against a human being. Computer fraud was therefore introduced into the Criminal Code in 1986 to cover methods of commission that do not involve deceiving a person but rather manipulating a data processing operation. The offense contains four types of criminal conduct. According to the provision, a person commits computer fraud if, with the intent to obtain an unlawful financial advantage for themselves or a third party, they damage another person’s property by influencing the result of a data processing operation through:
- Incorrect design of the program
- Use of incorrect or incomplete data
- Unauthorized use of data
- Or otherwise through unauthorized interference with the process
A data processing operation is understood as an automated process in which specific work results are achieved by recording data and linking it through programs.
From the described variants of the offense, as well as from this definition, it is already clearly recognizable how abstract and technical the details of this offense are. Our attorneys for computer fraud thoroughly examine whether all requirements of the criminal offense are actually met and advise you on further options for action and the best courses of action.
Computer Fraud in Particularly Serious Cases
In the context of computer fraud, the particularly serious cases of fraud under Section 263 para. 3 of the German Criminal Code (StGB) also apply. A particularly serious case is generally present when the perpetrator:
- Acts on a commercial basis or as a member of a gang that has joined together for the continued commission of forgery of documents or fraud.
- Causes property loss on a large scale or acts with the intent to endanger a large number of people of losing assets through continued commission of fraud.
- Brings another person into economic hardship.
- Abuses their authority or position as a public official or European public official.
In these cases, a penalty of 6 months to 10 years’ imprisonment is provided.
Attempted Computer Fraud and Criminality of Preparatory Acts
Attempted computer fraud is also punishable. Such an attempt exists when someone directly attempts to proceed with the fraudulent act. The provision additionally stipulates that anyone who engages in preparatory acts by:
- Manufacturing, obtaining for themselves or another, offering for sale, storing, or transferring to another computer programs whose purpose is to commit such an offense, or
- Manufacturing, obtaining for themselves or another, offering for sale, storing, or transferring to other passwords or other security codes suitable for committing such an offense
shall be punished with imprisonment of up to three years or a fine.
Such computer programs include, for example, spyware programs; cracking programs that serve to penetrate foreign programs protected against asset manipulation; and decryption programs intended to make it possible to find encrypted bank or credit card data in emails (Fischer, StGB, 71st edition (2024), Section 263a margin no. 32).
Such an advancement of criminal liability to preparatory acts is partly considered criminologically questionable and is provided for in the German Criminal Code only in a few exceptional cases. In cases involving allegations of preparing to commit computer fraud, it is particularly important to obtain experienced legal counsel, as nuances play a crucial role in these matters. For example, it is not always clear whether a program really serves to commit computer fraud or can also serve other purposes unrelated to abuse, and how such programs should be classified in individual cases with regard to criminal liability. Our German criminal defense lawyers comprehensively examine current case law and technical background in this regard in order to argue as effectively as possible on your behalf.
Common Forms of Computer Fraud
The possibilities through which the offense of computer fraud can be fulfilled are numerous. In practice, the following constellations occur most frequently:
- Debit or credit cards obtained through unlawful interference or forged cards are used to obtain money or goods
- A credit card is used by an unauthorized person for online shopping
- Phishing emails are used to obtain sensitive banking data
- In fully automated processes, fictitious direct debits are submitted through the debit authorization procedure
- Use of a slot machine with the help of fraudulently obtained PIN codes
In all these cases, a data processing operation is influenced with the intent to obtain a financial advantage. Those affected by an allegation of computer fraud are advised to meet with attorneys for criminal law and particularly computer fraud at an early stage in order to plan a solid defence.
Schlun & Elseven Rechtsanwälte: Computer Fraud Defense
Given the high technical complexity of the offense, specialized legal counsel is crucial for effective criminal defence in computer fraud cases in Germany. Our attorneys examine whether all requirements of the criminal offense are met – in particular, whether demonstrably intentional, unlawful, and culpable conduct exists. In doing so, we analyze all digital evidence with regard to its evidentiary value and reliability. We also subject official investigative measures – such as searches or seizures – to thorough legal review to assess their legality.
Furthermore, we provide comprehensive advice on strategic options in criminal proceedings, such as the question of a confession, a plea agreement, or measures for damage compensation.
An Overview: Frequently Asked Questions about Computer Fraud Defense
Computer fraud under German Law is the manipulation of data processing operations to obtain an unlawful financial advantage. Unlike “regular” fraud, it is not a person who is deceived, but an automated system that is manipulated.
- Basic offense: Up to 5 years imprisonment or fine
- Particularly serious cases: 6 months to 10 years’ imprisonment (in cases of commercial activity, gang crime, large-scale damage)
- Preparatory acts: Up to 3 years imprisonment or fine
- Even attempts are punishable
Yes, a German lawyer should urgently be retained. Computer fraud carries a high penalty and is technically highly complex. Even attempts and preparation are punishable. The evaluation of digital evidence requires technical expertise. An experienced criminal defense attorney reviews the legality of investigative measures and can often achieve dismissal of proceedings already at the investigation stage or significantly reduce the sentence through damage compensation. Without a lawyer, you risk unnecessarily high penalties and an entry in your criminal record. Going without legal representation is not advisable.
- Use of stolen/forged cards
- Unauthorized online credit card use
- Phishing emails for banking data
- Fictitious direct debits
- Slot machine manipulation with fraudulently obtained PINs
Under German law computer fraud expires five years after completion of the offense. In particularly serious cases of computer fraud, the statute of limitations is ten years. For a pure preparatory act, the statute of limitations is 3 years.
Practice Group: Our German Criminal Defense Lawyers
Practice Group:
Our German Criminal Defense Lawyers
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