Criminal defense for Computer Fraud in Bonn

Legal Basis

§ 263a StGB

Sentencing Range

Imprisonment of up to five years or a fine

Summary

Causing financial damage by manipulating computer processes to obtain an unlawful financial advantage

An accusation of computer fraud under Section 263a StGB covers card misuse, phishing and manipulated online transactions – and quickly leads to allegations of commercial or organised conduct. The key issues are the attribution of the transactions and the accused’s intent. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide – on the basis of the case file.

Computer Fraud (Section 263a StGB)

Computer fraud is the digital counterpart to traditional fraud. While fraud involves deceiving a person, computer fraud involves manipulating a data processing operation to obtain an unlawful financial advantage. With the increasing shift of business processes to the internet, this provision has steadily gained importance — making it a particularly relevant offence for expats working in Germany’s digital economy.

Legal Basis

Section 263a(1) of the German Criminal Code (StGB) provides:

“Anyone who, with the intention of obtaining an unlawful financial advantage for themselves or a third party, damages the assets of another by influencing the result of a data processing operation through incorrect configuration of a programme, use of incorrect or incomplete data, unauthorised use of data, or other unauthorised interference with the process, shall be punished with imprisonment of up to five years or a fine.”

Elements of the Offence

Influencing a data processing operation: The offender must interfere with an automated data processing operation. Four types of conduct are covered:

Incorrect configuration of a programme: Manipulation of the programme code itself, such as installing backdoors or altering calculation algorithms.

Use of incorrect or incomplete data: Entering false data into a system, e.g., forged transfer data or manipulated order information.

Unauthorised use of data: Using data without authorisation, particularly the misuse of others’ debit or credit card data, using others’ online banking credentials, or unauthorised use of customer numbers.

Other unauthorised interference with the process: A catch-all provision covering all other manipulations of a data processing operation.

Financial damage: The manipulation must have caused actual financial damage. Damage is calculated according to the same principles as for fraud (Section 263 StGB).

Intent to enrich: The offender must have acted with the intention of unlawfully enriching themselves or a third party. The sought advantage must correspond to the damage caused.

Typical Methods of Commission

The most common forms include misuse of debit and credit card data in online commerce, phishing attacks followed by unauthorised transfers, manipulation of online banking systems, use of skimming devices at ATMs, obtaining services from online providers using false identities, and manipulation of billing systems within companies.

Sentencing Range

The basic offence carries a penalty of up to five years’ imprisonment or a fine. In especially serious cases (Section 263a(2) in conjunction with Section 263(3) StGB), such as commercial-scale activity, gang involvement, or financial loss on a large scale, the sentence ranges from six months to ten years’ imprisonment. Attempt is punishable. Additionally, Section 263a(3) StGB criminalises preparatory acts: anyone who produces or obtains computer programmes whose purpose is to commit computer fraud faces up to three years’ imprisonment or a fine.

Typical Defense Strategies

The question of “unauthorised use” frequently stands at the centre of the defense. If the accused had authorisation — even if tacitly granted — to use the data, criminal liability is excluded. The distinction from simple fraud can also be decisive, particularly where a person rather than a computer was deceived. The amount of damage is critically examined, especially in cases of failed transactions or where the financial advantage was not realised. Attribution problems may also arise: who actually accessed the computer? Finally, exclusionary rules are examined, particularly regarding the forensic analysis of computers and mobile phones.

Summons or accusation of Computer Fraud? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Computer Fraud requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.