What's the penalty for hacking?

Hacking can take place in different ways. Someone who accesses someone else's computer, account or network without permission is, in principle, guilty of computer peace (art. 138ab of the Criminal Code). This does not only apply to the complicated hacking of someone else's computer. For example, secretly logging into someone else's e-mail account or Instagram is also a punishable offence. In addition, there are various other criminal provisions, for example on the destruction of someone else's data, the committing of suffocation attacks - (D)DoS-attacks - and stolen computer data.

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Ethical hacking and criminal law

Hacking often involves the intrusion of systems with malicious intent. This form of hacking is definitely punishable. However, there is also hacking with a noble goal, so-called ethical hacking. This is also called white hat hacking, where malicious hackers are given a black hat.

Ethical hackers find vulnerabilities in networks and systems and distinguish themselves by not abusing them, but reporting vulnerabilities directly to the administrator of the system. In this way, the leak can be plugged and the system in question is better protected.

For example, signalling that a database via a form on a website is susceptible to SQL injections can fall under white hat hacking. Other actions fall outside the scope of ethical hacking, such as carrying out a DDoS attack or grossly forcing a system to gain access.

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Computer Crime Act III

The Computer Crime Act III entered into force on 1 March 2019. This law aims to strengthen the legal instruments for the investigation and prosecution of computer crime.

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Source Protection Act in Criminal Matters

On 1 October 2018, the Source Protection in Criminal Cases Act (Bulletin of Acts and Decrees 2018, 264) entered into force. This Act grants journalists and publicists a limited right to refuse to testify. Furthermore, the Act attaches stricter rules to the application of coercive measures against journalists and publicists in a criminal investigation.
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The behavioural and freedom-restricting measure

On 1 January 2017, the first part of the Act of 25 November 2015 on long-term supervision, influencing behaviour and restricting freedom entered into force (Bulletin of Acts and Decrees 2015, 460). The second part will enter into force on 1 January 2018. The second part of the Act introduces the so-called behavioural influencing and freedom restricting measure (GVM). The Act makes it possible for sex offenders, violent offenders and former internees to remain under intensive supervision for a longer period of time after their return to society and for their resocialisation to be subject to conditions. This will enable a certain category of offenders with a high level of risk of recidivism to remain under long-term or even lifelong supervision.

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