Studio legale Baccaredda Boy

IT criminal law and telecommunications criminal law

Since 1993, through law no. 547, lawmakers have had to step in to change existing regulations in both the criminal code and the code of criminal procedure in an effort to tackle the problem of cybercrime. Changes have included the amendments introduced by law no. 48/2008 following the ratification and execution of the Council of Europe’s convention on Cybercrime signed in Budapest on 23 November 2001. Furthermore, the Official Journal of the European Union recently published the new EU regulation on data protection on 4 May 2016.

The issue of cybercrime and the unlawful handling of data have also been included in the list of those offences triggering entity administrative liability.

An even more recent introduction is Section 234-bis of the code of criminal procedure, which lists ‘IT data’ under ‘documents’ as items of evidence in criminal procedures.

Over the years, new ‘legal’ concepts have been introduced into our penal system insofar as crimes against individual freedom are concerned: digital domicile, data hacking, unlawful interception of computer communications, unauthorized possession and distribution of access codes to computer or telecommunication systems. Also property crimes such as digital fraud have been introduced by the aforementioned legislation on cyber crimes.

The Italian Supreme Court is increasingly concerned with issues related to localization through satellite tracking system. In 2016, the Court of Cassation intervened on the 28th of april with a United Sections judgement (Decision nr. 26889/2016, 28/04/2016) on the possibility of using the so-called trojan horses in compliance to italian criminal procedural law.

Similarly, the criminal protection of privacy and the unlawful use of equipment for intercepting or interrupting IT communications have gained importance. Indeed, criminal law has to keep abreast of and adjust to the rapid technological progress by predicting new ways to protect citizens.

One of the firm’s largest clients is a multinational company operating in the field of telecommunications. Hence, the firm’s assistance in legal consulting ranging from security and privacy to protection in criminal matters.

The firm has been the civil claimant in the procedure relating to the so-called ‘Telecom trial’.

The firm also offers an in-depth analysis of IT criminal law and telecommunications criminal law through conferences, study groups and publications. Please see the relevant section of this website for further details.