SPECIALIST CRIMINAL DEFENCE

Technical Defence: Digital Sexual Offences and Electronic Evidence
Online Grooming (Art. 131 APC) · Art. 128 APC

Q: What are automated platform detection reports?

These are alerts generated by platform detection systems that flag content as potentially unlawful. False positives, compromised accounts and attribution errors can occur. That is why it is essential to audit the origin of the finding and its technical traceability.

Q: Will I be detained over material found on a device?

It depends on the legal classification, the procedural risk and the evidence. Early legal representation is aimed at protecting liberty throughout the proceedings, contesting the charge classification and overseeing expert examinations from the outset. No outcomes are guaranteed: each case depends on its own facts and evidence.

In charges under Art. 128 of the Argentine Penal Code (APC) or online grooming under Art. 131 APC, almost everything turns on digital evidence. The defence does not argue morality: it technically audits the evidence — its origin, integrity, chain of custody, attribution and the lawfulness of the procedure.

First hours Digital forensic examination Defence resources FAQs

Key takeaways

In Art. 131 (online grooming) and Art. 128 of the Argentine Penal Code (APC) charges, digital evidence is the decisive battleground — not moral arguments.
The defence audits chain of custody, extraction methodology, device attribution and the lawfulness of the procedure.
Do not unlock devices or provide credentials without legal instruction. The first 24 hours shape the entire forensic strategy.
Automated platform detection reports (e.g. from cloud providers) can produce false positives and attribution errors that require technical scrutiny.
A party-appointed digital forensic expert can contest the prosecution's technical conclusions and challenge inadmissible evidence.

Has your property been searched or your devices seized?

Do not make any statement without legal advice. Ask to speak to your lawyer.
Do not unlock any device or provide access credentials without proper legal instruction.
Do not delete or “wipe” any data (or reinstall apps or the operating system). This typically makes matters worse.
Instruct urgent legal representation. The first 24 hours determine the scope of the forensic examination and the overall strategy.

If you suspect that an account was compromised or accessed by a third party, the priority is to document that and act with legal advice: the key is to avoid any steps that could later be misinterpreted.

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If there is a detention or an emergency at a police station, go directly to 24-hour Bail & Release.

Defence strategy: digital forensic examination and evidence oversight

In these cases, the focus is almost always the device (mobile phone, computer, cloud storage) and how attribution is established. The defence strategy is built on technically auditing the evidence: what was extracted, how it was extracted, with what tools, who was involved and whether procedural safeguards were respected.

Chain of custody and integrity (hash verification)

We verify that the evidence maintained its integrity from the moment of seizure through to the forensic examination. If consistent safeguards are absent — records, traceability, forensic copies, intervention logs — the reliability and admissibility of the evidence can be challenged.

Attribution: cached files, synchronisation and third-party access

A file present in a cache, an automatic cloud synchronisation or third-party access to a device do not by themselves establish authorship. The technical context must be analysed: file paths, timestamps, user sessions, applications, backup logs and the overall consistency of the finding.

Typical approach by charge

Art. 128 APC: The defence typically focuses on origin, knowledge, attribution and traceability of the material, as well as expert oversight and the lawfulness of the procedure.

Online Grooming (Art. 131 APC): Message histories and metadata are audited, profile identification is examined, the integrity of screenshots and exports is assessed, and the technical consistency of the evidence is tested against the conversational context.

To review criteria and decisions in similar cases, see our Criminal Case Law Library — including the dedicated sections on Online Grooming and Art. 128 APC.

Defence resources

Party-appointed digital forensic experts

We work with digital forensic specialists to oversee the extraction and analysis process and to challenge technical conclusions where evidence is interpreted without proper context.

Liberty during proceedings

A strategy to protect liberty is developed from the outset: procedural risk analysis, community ties, conditions and alternative measures where applicable.

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Confidentiality: all contact with the firm is protected by legal professional privilege.

Applied case law

Decisions on digital evidence, online grooming, platform detection reports and procedural nullities.

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Frequently asked questions on a criminal charge

Yes, by means of a court-ordered forensic examination conducted with integrity safeguards. The defence must be notified in order to exercise oversight — through the lawyer and, where appropriate, a party-appointed digital forensic expert. If the extraction was carried out without the required guarantees, the reliability of the evidence can be challenged and procedural nullities raised depending on the circumstances.

These are alerts generated automatically by platform detection systems that flag content as potentially unlawful and forward a report to the relevant authorities. False positives, compromised accounts and attribution errors can occur. It is therefore essential to audit the origin of the finding, the technical parameters of the detection and the full traceability of the reported data before accepting the report at face value.

It depends on the legal charge classification, the procedural risk and the evidence. Early legal representation is aimed at protecting liberty throughout the proceedings, contesting the charge classification and overseeing the forensic examination from the outset. No outcomes are guaranteed: every case depends on its own facts and evidence.

Do you need urgent assistance on a digital evidence matter?

The initial stage of the proceedings is critical. A forensic examination conducted without defence oversight can determine the outcome of the entire case.

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If the urgency involves a detention: go directly to 24-hour Bail & Release.