Cybercrime concerns all criminal activities that take place via computers or the internet. Think of hacking, phishing, ransomware and identity theft. In the digital world, specific criminal offences apply that in Utrecht are handled via the District Court of Midden-Nederland.
Types of Cybercrime
Hacking (Unlawful Access to Computer Systems)
Unauthorized intrusion into a computer system falls under Article 138ab of the Criminal Code. The penalty can amount to 2 years' imprisonment, or 4 years if data is stolen.
Phishing
Obtaining personal data such as login or bank information via fake messages or websites. This is punishable as fraud (Article 326 of the Criminal Code) and sometimes also as unlawful access to computer systems.
Ransomware
Blocking files through encryption and demanding ransom. This is prosecuted as extortion (Article 317 of the Criminal Code) together with unlawful access to computer systems.
DDoS Attacks
Making websites or servers unusable through overload. Punishable as the intentional disruption of digital systems (Article 138b of the Criminal Code).
Online Child Pornography
The production, possession or distribution of child pornography is punishable under Article 240b of the Criminal Code, with prison sentences of 4 to 8 years depending on the case.
Maximum Penalties
- Unlawful Access to Computer Systems (hacking): 2-4 years
- Internet Fraud: 4 years
- Extortion via ransomware: 9 years
- Identity Theft: 5 years
Investigation Methods
In Utrecht, the police work with the Team High Tech Crime for cybercrime cases. They can request IP addresses, conduct digital investigations and collaborate with international partners.
Importance of Digital Evidence
Digital evidence, such as logs, IP data, chats and metadata, plays a key role in cybercrime cases. A lawyer in Utrecht can test this evidence for reliability and legality.
Legal Assistance in Utrecht
For legal assistance, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. Cases are handled at the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1.
Frequently Asked Questions about Cybercrime
What to do in case of hacking or a data breach?
Report it to the police in Utrecht immediately or online. Change all passwords, especially for banking and email. Preserve evidence such as screenshots and engage an IT specialist. Contact your bank in case of possible fraud.
How do I recognize phishing and what should I do?
You recognize phishing by urgent language, strange links or unknown senders. Always check email addresses and URLs. Do not click on links and report it to Fraudehelpdesk.nl. If in doubt, contact the official authority.
Is possessing hacking software punishable?
Yes, possession of tools for unlawful access to computer systems is punishable under Article 138ab of the Criminal Code, even without use. This also applies to DDoS software. Be careful with downloading or sharing it.
Can my company report ransomware?
Yes, report it to the police in Utrecht, even if you have paid ransom. Preserve all communication with perpetrators and engage an expert for system recovery. The police can assist in the investigation.
How is digital evidence used in court cases?
Digital evidence such as IP addresses and chat logs is collected by police or IT experts. It must comply with legal standards. A lawyer can challenge it if it was obtained unlawfully.