An accusation of hacking can have far-reaching consequences, both criminal and personal. Belgian criminal law takes crimes against computer systems seriously. If you are faced with a search, a summons for questioning or a summons for hacking, it is of the utmost importance to immediately seek legal assistance from a lawyer. Your defense begins from the first moment.
What is hacking under Belgian criminal law?
Hacking means a person accessing an information system without authorization. According to Article 550bis of the Criminal Code, it is possible to different behaviors are punishable, such as:
- External hacking: entering a computer system without any authorization;
- Internal hacking: crossing limits of your access rights as an authorized user;
- Use or distribution of hacker tools;
- Inciting third-party hacking;
- Recovery of data obtained through hacking.
Attempted hacking is also punishable by law. This means that even if the intrusion is unsuccessful, prosecution is still possible.
The consequences of being accused of hacking
If you are suspected of hacking, you may face:
- Searches: Confiscation of computers, smartphones and data carriers;
- Interrogation by the police or investigating judge: often without prior advice if you do not use a lawyer;
- Criminal prosecution: risk of imprisonment (up to 5 years for aggravating circumstances) and heavy fines;
- Impact on your professional and personal reputation: a criminal investigation can have serious consequences, even without a conviction.
At every stage, proper legal defense is essential to protect your rights.
What should you do when accused of hacking?
- Exercise your right to remain silent: You are not required to incriminate yourself during an interrogation.
- Request immediate assistance from an attorney: Both when questioned by the police and an investigating judge, you are entitled to the assistance of an attorney. Your lawyer's presence is crucial to ensure your rights during this interrogation.
- Preserve discretion: Do not discuss the matter with third parties, either through email, social media or messaging apps. Anything can be used against you later.
- Document what happens: Record dates, times, circumstances of interrogations, searches and contacts with authorities.
Your rights as a defendant
In Belgium, every defendant enjoys fundamental rights:
- Right to due process;
- Right to remain silent;
- Right of access to criminal record;
- Right to be defended by a lawyer of your choice;
- Right to challenge your case on appeal from a conviction.
It is critical that these rights be properly exercised from the first steps in the investigation.
How we can help you
As specialized cybercrime attorneys, our services include:
- Advice and guidance from first contact with authorities;
- Active assistance during interrogations;
- Analysis of the criminal case file for irregularities and procedural errors;
- Building a strategic defense
- Representation before all courts (chambers, correctional court) in Belgium;
- Assistance in negotiations with the prosecution (e.g. mediation, amicable settlement) if possible.
We take a discreet, professional and pragmatic approach. Your interests are always our focus.
Get legal advice today
An accusation of hacking is too serious to address without specialized help. Together, we will ensure that your rights are maximized and an effective defense is provided.
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