Computer fraud lawyer in Bucharest

    Are you investigated for computer fraud, or have you lost money through a fraudulent online operation?The evidence in these files is technical: IP addresses, logs, accounts, devices. How it is obtained and interpreted can change the case entirely.

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    Bogdan Lamatic, criminal defence lawyer in Bucharest
    Lawyer Bogdan LamaticBucharest Bar · 18+ years of experienceLegal 500 · White-Collar Crime

    What situation are you in right now?

    Tell me what operations are investigated and what has already happened in the file.

    You are investigated for transactions or operations carried out online

    I check what conduct is alleged and whether the evidence actually links you to the operations in question.

    Accounts, devices or computer data are being investigated

    Technical data is interpretable. An account or an IP address does not automatically identify the person who used it.

    The police or DIICOT have seized phones, laptops or other devices

    The way the devices were seized and searched matters. The applicable rules are set out on the page dedicated to the computer search.

    The file involves bank transfers, online accounts or cryptocurrencies

    Financial flows must be reconstructed document by document, because the amount of the damage and the precautionary measures depend on them.

    What I review immediately in a computer fraud file

    • What conduct is alleged and whether it matches the elements of the offense.
    • How the digital evidence was obtained and whether the procedure was lawful.
    • The link between the accounts, devices and the person investigated.
    • The bank transactions and the destination of the sums.
    • The claimed damage and the civil claims in the file.
    • The devices seized and the possibility of obtaining their return.

    What you should send me

    Tell me what happened and what documents you have received so far.

    Search and seizure records

    The minutes drawn up when the devices were seized and any authorisation communicated to you.

    Bank statements and transactions

    Statements showing the contested transfers and the accounts involved.

    Relevant messages, emails and accounts

    The correspondence connected to the operations, together with details of the accounts referred to in the file.

    Documents on the seized devices

    The list of items seized and any receipt confirming what was taken.

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    What computer fraud is

    Computer fraud means causing a patrimonial loss by introducing, altering or deleting computer data, by restricting access to such data or by hindering the functioning of a computer system, in order to obtain a benefit.

    The essential element is the intervention on data or on the system, not the misleading of a person.

    What conduct can amount to computer fraud

    Introducing or transmitting computer data

    Inserting data into a system in order to produce an unlawful patrimonial result.

    Altering or deleting data

    Changing or removing existing data, so that the system produces a different outcome.

    Restricting access to data

    Blocking legitimate access to data, with patrimonial consequences for the injured party.

    Hindering the functioning of a computer system

    Any intervention that prevents the system from operating normally, with the purpose of obtaining a benefit.

    The difference between computer fraud and deception

    In deception, a person is misled and acts on a false picture of reality.

    In computer fraud, no person is misled. The result is obtained by intervening on the data or on the functioning of the system. The distinction determines the legal classification and the sentencing limits.

    Computer fraud and other computer offenses

    Unlawful access to a computer system

    Accessing a system without authorisation is a separate offense and can be retained together with computer fraud.

    Computer forgery

    Altering data in order to produce legal consequences is criminalised separately from fraud.

    Fraudulent financial operations

    Operations carried out with payment instruments or with data obtained unlawfully are regulated distinctly and frequently appear in these files.

    How digital evidence is analysed in a computer fraud file

    Phones and computers

    The data extracted from devices must be obtained lawfully and correlated with other evidence in the file.

    IP addresses, accounts and logs

    Technical data indicates a connection or an account, not necessarily the person who used it at that moment.

    Bank transactions

    Financial flows are reconstructed on statements and can show who actually benefited from the sums.

    Data from online platforms and services

    Information provided by service providers must be verified against the period and the accounts relevant to the file.

    Computer search and seizure of devices

    A computer search requires judicial authorisation and must be carried out within the limits set out in that authorisation.

    I check the lawfulness of the procedure, what was actually seized and how the data was preserved, and I request the return of devices where they are no longer needed for the file.

    Computer fraud and cryptocurrency transactions

    Where the file involves digital assets, the flows can be traced on the blockchain and are analysed as described for crypto asset investigations.

    Holding an address or a wallet does not in itself prove participation in the alleged conduct. The link with the person investigated must be established by evidence.

    Freezing, confiscation and recovery of the damage

    Accounts, sums and digital assets can be frozen to secure recovery of the damage and possible confiscation.

    I check the proportionality of the measure against the damage retained in the file and file a challenge where the freezing affects assets unconnected to the alleged conduct.

    How I build the defense in a computer fraud file

    • I contest the link between the accounts or devices and your person.
    • I check the lawfulness of the way the digital evidence was obtained.
    • I analyse the real amount of the damage and the destination of the sums.
    • I request the return of the seized devices where they are no longer needed.
    • I prepare you for questioning and assist you at every hearing.

    Frequently asked questions

    1. What is the difference between computer fraud and deception?

      In deception a person is misled. In computer fraud the patrimonial result is obtained by intervening on computer data or on the functioning of a system.
    2. Is using the internet enough for computer fraud to exist?

      No. The offense requires an intervention on data or on the system. Simply using the internet in a transaction does not amount to computer fraud.
    3. Can the police seize my phone or laptop?

      Yes, under the conditions provided by law, based on judicial authorisation. The lawfulness of the procedure and the scope of what was seized can be verified and challenged.
    4. What is a computer search?

      It is the procedure by which stored computer data is searched and examined, on the basis of a judicial authorisation and within the limits it sets.
    5. How is it established who used an account or a device?

      Through technical data correlated with other evidence. An IP address or an account is not, by itself, proof of the identity of the person who used it.
    6. Can cryptocurrency transactions be traced?

      Yes, transfers can be followed on the blockchain, but linking an address to a specific person must be proven by additional evidence.
    7. What happens to the seized devices?

      They remain in the file while they are needed as evidence. Their return can be requested once the technical examination has been completed.

    Contact | Free initial assessment

    Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.

    Official resources

    • Criminal Code - art. 249 on computer fraud. (Legislation)
    • Criminal Code - art. 250 and 325 on fraudulent financial operations and computer forgery. (Legislation)