The Slovenia Times

Retrial ordered in Mariposa botnet case after coder serves prison sentence


Ljubljana - Coder Matjaž Škorjanc, who has already served his almost five year prison sentence for masterminding a major botnet, will go on trial again after the Constitutional Court annulled the 2013 guilty ruling and two higher-instance court rulings, returning the case to the Maribor District Court for retrial, Večer newspaper reported on Saturday.

The top court agreed with Škorjanc's arguments from the constitutional review petitions on 5 May, Škorjanc's lawyer Janko Jerman told Večer.

The first-instance court for instance did not allow Škorjanc to look into his own court file despite several calls to do so.

Once he was allowed to see it, the chance to question witnesses had been already missed as they had been questioned earlier.

Restricting access to the court file is unconstitutional, Jerman claimed at various hearings.

In December 2013, the Maribor District Court sentenced Škorjanc to four years and ten months in jail for devising a malicious software that infected an estimated ten million computers worldwide in 2008-2011. The damage was estimated at more than 100 million US dollars.

One of his main clients was a Spanish crime ring which used the software to hack computers worldwide and connected them through the Mariposa botnet.

Škorjanc, who posed as Iserdo online, was also found guilty of money laundering and complicity in crime. He was ordered to pay EUR 3,000 in fine plus court fees.

In February 2015, the Higher Court in Maribor ruled there were no reasons to sentence Škorjanc to more or fewer months in prison, but ordered him to pay another EUR 25,000 in fine.

In 2016, the Supreme Court rejected Škerjanc's appeal against the guilty verdict. In the appeal, he for instance put in question the fact that an FBI agent followed Iserdo's online criminal activity unlawfully, without a court order.


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