Recital 41

There are specific offences where evidence will typically be available exclusively in electronic form, which is particularly fleeting in nature. This is the case for cyber-related offences, even those which might not be considered serious in and of themselves but which could cause extensive or considerable damage, in particular offences with low individual impact but high volume and overall damage. For most cases in which the offence has been committed by means of an information system, applying the same threshold as for other types of offences would to a large extent lead to impunity. That justifies the application of this Regulation for such offences also where they carry a maximum custodial sentence of less than three years. Additional terrorism-related offences within the meaning of Directive (EU) 2017/541 of the European Parliament and of the Council ⁽²⁰⁾ as well as offences concerning sexual abuse and sexual exploitation of children within the meaning of Directive 2011/93/EU of the European Parliament and of the Council ⁽²¹⁾ should not require the minimum threshold of a three-year maximum custodial sentence.