The ever-increasing availability of the internet to the general public, the development of network coverage and rapid spread of mobile devices have turned communication networks into a constant exchange of information of global dimensions. Within this cyberspace users can simultaneously be both the perpetrators and victims of crimes while this unlawful behaviour can also involve the liability of legal entities pursuant to Legislative Decree no. 231/2001.
Alongside IT crimes in the strict sense, characterised by the way the legally protected asset is attacked (IT fraud pursuant to Article 640 ter of the Criminal Code, unlawful access to an IT system or telematic system pursuant to Article 615 ter of the Criminal Code, spreading virus programmes, etc) crimes committed via IT tools are on the increase nowadays (online fraud, defamation via social network, cyberbullying, cyberstalking, violation of privacy through the unlawful use of equipment for intercepting and interrupting IT and telematic communication, etc).
Within this constantly evolving context, thorough consideration of certain fundamental dogmatic categories with significant practical consequences regarding objective and subjective criminal charges, determining when and where the crime was committed, the criminal relevance of subsequent behaviour to the formal completion of the criminal case may determine the co-liability of other users.
The peculiarities of the IT crime also affect the procedures and timeline of the defence investigations, be they public or private.
By way of example, rulings by the Supreme Court of Cassation regarding “localisation via satellite tracking systems” and concerning the use of “IT sensors” within the criminal process (Cass., Sec. Un., 28 April 2016, no. 26889) are emblematic.
The firm works closely with a group of expert forensic IT consultants in order to be able to offer legal assistance even during the first stage of internal investigations.