If your criminal case involves technology (computer fraud, illegal access, data interference, online extortion, or allegations built on chats, emails, logs and cloud data), the practical challenge is not only the legal framing, but also how digital evidence was collected, preserved and interpreted.
This service is for suspects/defendants, victims of online crime (compromised accounts, scams, blackmail) and companies that face urgent procedural measures such as computer searches, device seizures, server imaging, or requests to disclose account data. The next step is to collect the procedural acts you received, map the timeline, and identify what digital evidence exists and what must be done first (deadlines, challenges, preservation requests, expert evidence).
Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.
When you may need this
- You were summoned in a case involving computer fraud, phishing, payment diversion, account takeover, or other online scams.
- You are accused of illegal access to a computer system, unlawful interception, data alteration, or system interference.
- Your phone/laptop was seized, or investigators requested access to cloud accounts, email, or messaging apps.
- A computer search was carried out (or is imminent) and you want to understand what it can lawfully target and how to limit overbroad collection.
- The file relies on WhatsApp/email evidence, screenshots, exports, backups, or metadata and you need to assess integrity and context.
- A forensic report (digital forensics / IT expert report) is central to the accusation and you need technical objections and counter-evidence.
- Your company’s infrastructure was targeted (servers, workstations, logs) and business continuity is at risk.
- The case has cross-border data elements (foreign providers, cloud storage abroad, EU cooperation) and timing matters.
What we do in practice
- Urgency check: your procedural status (witness/suspect/defendant), the authority involved, and active deadlines.
- Case file map: collect summons, orders, minutes and notices, then build a verifiable timeline (events, access points, transactions, communications, IT actions).
- Digital evidence inventory: identify devices, accounts, cloud services, logs and backups involved, and what was actually seized or imaged.
- Legality review: check warrants and procedural limits for searches, seizures, computer searches and data requests; identify overreach and procedural defects.
- Integrity & chain of custody: assess how data was copied, stored, hashed, logged and handled; flag gaps that can undermine reliability.
- Context reconstruction: distinguish complete exports from selective screenshots, confirm attachments and metadata, and test alternative explanations.
- Forensics strategy: review expert reports, prepare objections, request clarifications, and propose independent or complementary expert evidence where appropriate.
- Procedural motions: requests and challenges aimed at excluding unlawful evidence, correcting the record, and protecting privileged or confidential information.
- Defence or complaint plan: decide the next steps for statements, hearings, settlement options, or a structured criminal complaint as a victim.
Documents / information useful for a first review
| Document | Why it matters | Notes |
|---|---|---|
| Summons, procedural orders, minutes, notices you received | Clarifies your status, the stage of the case and what is being investigated | Include annexes and proof of service (date/time) |
| Search warrant / computer-search authorisation and execution minutes | Sets the lawful scope and the method of data extraction and copying | Pay attention to the listed systems, keywords, time windows and locations |
| Seizure inventory list (devices, storage media) and any sealing records | Shows exactly what was taken and supports later chain-of-custody analysis | Note serial numbers, SIMs, external drives, laptops, work phones |
| Forensic report(s), technical notes, hash logs, imaging documentation | Central for integrity, methodology and reproducibility | Ask for the full annexes, not only the conclusions page |
| Chats and emails in original form (exports, EML files, backups) | Original formats preserve context and metadata better than screenshots | Do not edit; preserve originals and relevant attachments |
| Account security information (2FA history, device list, login alerts) | Can support or rebut the “who accessed what” question | Take contemporaneous exports or screenshots with timestamps and URLs |
| Transaction records (bank statements, card data, invoices) | Helps verify alleged gain/loss and the technical route of the fraud | Include reference numbers and communication with banks/processors |
| Company IT policies, access control rules, incident reports | Relevant for intent, authorisation and internal processes | Preserve logs and incident-response notes; avoid retroactive edits |
Risks and common mistakes
- Giving “technical” statements from memory (accounts, IPs, access history) that can be contradicted by logs and metadata.
- Deleting messages, files, histories or backups after learning about a case, including through automatic “cleaning” tools.
- Handing over passwords or unlocking devices without clarifying the exact procedural basis and limits.
- Relying on selective screenshots instead of complete exports that preserve context and attachments.
- Failing to document what was taken during seizure (serial numbers, SIMs, external drives, accessories) and what was left behind.
- Letting internal “investigations” create contradictory versions or contaminate evidence preservation.
- Ignoring cross-border aspects (providers abroad, EU cooperation) until deadlines have passed.
FAQ
Can WhatsApp chats and emails be used as evidence in a Romanian criminal case?
They often appear in practice, but their value depends on how they were obtained and presented: legality, integrity, metadata, and context (complete export vs selective screenshots).
What is a computer search and what can it lawfully target (devices, accounts, cloud)?
It is an investigative measure for locating and extracting relevant data from computer systems and storage media. The authorisation act should define the scope and limits; overbroad collection can be challenged.
Do I have to provide my PIN/password or unlock my device?
The answer depends on your procedural status and the specific request. Before doing anything, it is important to review the documents and choose a conduct that protects your rights and avoids irreversible errors.
How can unlawful or unreliable digital evidence be challenged?
It depends on the stage: some issues should be raised immediately by requests, others through exclusion motions in preliminary chamber or through defence on the merits. The key is to identify the exact procedural act and the breach (competence, warrant limits, methodology, integrity, chain of custody).
What should I do if I am a victim of account takeover, online fraud or digital blackmail?
Start with evidence preservation: keep original emails (including headers), complete chat exports, transaction proof and any platform alerts. Then a structured criminal complaint can be filed, with requests aimed at obtaining relevant data from providers under the legal framework.
What if investigators seize servers or equipment critical for my company?
In many situations it is possible to seek measures that reduce operational impact: forensic imaging instead of physical seizure, proper scoping, access to copies, and correct inventory and sealing. Acting early, with technical and procedural arguments, matters.
How does cross-border cloud data end up in a Romanian case?
Depending on the context, authorities use mutual legal assistance tools, EU instruments and requests to providers. Practically, you should verify the legal route used to obtain the data and whether procedural guarantees were respected.
Contact
Related pages on maglas.ro
Sources
- Romanian Criminal Code (Law no. 286/2009) – Portal Legislativ
- Romanian Code of Criminal Procedure (Law no. 135/2010) – Portal Legislativ
- Directive 2013/40/EU on attacks against information systems
- Directive 2014/41/EU on the European Investigation Order
- Regulation (EU) 2023/1543 on European Production & Preservation Orders for electronic evidence
- Directive (EU) 2023/1544 on legal representatives for gathering electronic evidence
- Council of Europe: Budapest Convention on Cybercrime (ETS 185)
- DIICOT: activity reports (official institutional page)