A saving procedural error allowed a hacker to be released from his procedure in France, even if he remains imprisoned in the United States.
Net pirates are back! An Algerian hacker, nicknamed “BX1 “, was released on the evening of August 31 by the Paris court, after being accused of having launched a series of ransomware attacks using the PyLocky software. He carried out these cyberattacks from his cell in the United States, where he is serving a 15-year sentence for being involved in the case of the SpyEye virus, a computer kit specialized in espionage. But a fatal error has just offered him relaxation in France.
The hacker risked 7 years in prison
The 35-year-old accused was therefore released, due to a procedural error, after an extended hearing of more than 7 hours which ultimately barely allowed the substance of the case to be addressed. Originally, there were several French institutions, including the Lyon court, associations, penal centers, companies and notarial offices, which were the target of mass mailings of e-mail bombs during the summer. 2018.
These contained links that triggered the download of the PyLocky malware, known to encrypt files on computers to demand a ransom in cryptoassets. But although no one paid the ransom, the investigation led authorities to Hamza Bendelladj, aka BX1who also denies any involvement in these acts.
The defendant, who attended the hearing from his American prison, was prosecuted for multiple offences: attempted extortion, illegal access to computer systems and obstruction of their operation. If convicted, he could have faced a sentence of 7 years in prison and a fine of 100,000 euros.
A procedural error that ruins everything
During the trial, the defense lawyers invoked a violation of Mr. Bendelladj’s rights, claiming restricted access to the file by the accused and his limited ability to consult his legal advisers. While a first referral of the case had been accepted in May, a second request for postponement was this time rejected, as were the priority questions of constitutionality raised.
It was not until around 9 p.m. that the court, after having rejected multiple defense requests, began to address the merits. But the defendant ended up pointing out a material error, the quote having mentioned the JobCrypter software, instead of PyLocky. A hardware error. The court also considered it to be sufficiently serious and decided to release the hacker, even if this error only concerned two of the six offences.
This is a case that underlines the importance of precise judicial procedures in the prosecution of cybercrime, while the defendant retains an altogether fictitious freedom in France, since he remains imprisoned across the Atlantic.
Source : The Parisian
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