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The latest criminal statistics of the Austrian Interior Ministry show a strong growth of cybercrime: In the first half of 2019, the Austrian police recorded over 13,000 cybercrime offences, compared to around 8,700 in the same period last year. Combating cybercrime is therefore becoming more and more relevant, in particular for companies to protect their business secrets.
Protection under criminal law
The Austrian Criminal Code ("ACC") contains various provisions with a strong focus on providing protection against cybercrime:
Advantages of criminal proceedings
Companies affected by cyberattacks are well-advised to assess possible actions under criminal law and to decide whether and how to approach the authorities in due time, especially since criminal proceedings provide the following advantages (in particular compared to civil law proceedings):
Criminal proceedings are therefore a good and very economical way to limit damages and to clarify the facts in case of cyberattacks. However, it is crucial to react quickly in such a situation to increase the possibility of success of the criminal investigations.
How to start criminal proceedings
Criminal proceedings are generally initiated and conducted by the public prosecutor. Therefore, victims (in most cases via their lawyer) would in practice file a statement of facts (Sachverhaltsdarstellung) with the public prosecutors' office to encourage the competent prosecutor to start investigations. It is crucial that such a statement includes strong evidence, as the initiation of criminal proceedings requires sufficient initial suspicion (Anfangsverdacht), which is the case if there is concrete evidence that an offence has been committed. A mere suspicion or vague indications are not sufficient. Moreover, it is often important to address certain specific legal aspects, as "virtual offences" (e.g. fraud via the internet) raise various questions regarding international jurisdiction.
Some of the relevant offences at hand are also of a specific legal nature as they are subject to private charges. This means that the victim has to investigate the case, provide evidence and file a criminal charge with the court. Although evidence-protection measures may be requested from the court in that case too, professional legal advice is indispensable.
Should you have further questions about this topic, please do not hesitate to contact us.
Michael
Lindtner
Attorney at Law
austria vienna