Italian Supreme Court, Fifth Criminal Chamber, about relationship between computer crimes
24-11-2021
Interesting decision of the Italian Court of Cassazione, Fifth Criminal Section, in the matter of computer crimes with regard to the relationship between the crime envisaged by art. 617-quinquies cod. pen. (Installation of equipment designed to intercept, prevent or interrupt computer or telematic communications) and that referred to in art. 640-ter cod. pen. of computer fraud,
According to the "Ermellini", the first of the hypotheses of crime, as a mere crime of danger tending to prevent the interception of computer data, must be considered absorbed in that referred to in art. 640-ter cod. pen. in the event that, once the device designed to intercept data communications has been installed, the unlawful capture of data constitutes the preparatory and dangerous conduct referred to in the first offense in the alteration of the functioning or in the illegal intervention on the computer system but also integrates the typical methods of carrying out the fraud, referred to in the second offense.
Furthermore, the ruling reconstructs the relationships between multiple hypotheses of offenses regarding the so-called cyber crimes and analyzes the issues related to IT detectors, considering the validity over time of various regulatory provisions on the subject.Interesting decision of the Italian Court of Cassazione, Fifth Criminal Section, in the matter of computer crimes with regard to the relationship between the crime envisaged by art. 617-quinquies cod. pen. (Installation of equipment designed to intercept, prevent or interrupt computer or telematic communications) and that referred to in art. 640-ter cod. pen. of computer fraud,
According to the "Ermellini", the first of the hypotheses of crime, as a mere crime of danger tending to prevent the interception of computer data, must be considered absorbed in that referred to in art. 640-ter cod. pen. in the event that, once the device designed to intercept data communications has been installed, the unlawful capture of data constitutes the preparatory and dangerous conduct referred to in the first offense in the alteration of the functioning or in the illegal intervention on the computer system but also integrates the typical methods of carrying out the fraud, referred to in the second offense.
Furthermore, the ruling reconstructs the relationships between multiple hypotheses of offenses regarding the so-called cyber crimes and analyzes the issues related to IT detectors, considering the validity over time of various regulatory provisions on the subject.
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