Computer crimes and online evidence

Computer crimes and try it on the web

by Fulvio Sarzana of S.Ippolito, Lawyer Law Firm Sarzana

The Supreme Court of Cassation, in a criminal case, returns, in an Order issued at the end of March 2021, to the value to be attributed to the printing of a web page produced in a criminal trial.

The order, issued in a criminal proceeding relating to the protection of reputation on the web, It appears that it could have value in all computer crimes, if a printout of an internet page is produced.

Contrary to what the Supreme Court has established in civil proceedings (especially in employment proceedings), in criminal proceedings the production of a web page is deemed capable of proving the criminal liability of the accused in itself, even without particular forms of authentication or certification.

The Supreme Court had previously held that printing a web page could in itself have legal value.

Computer crimes and try it on the web

In particular, it was considered that the evaluation of the legal value of the screenshots was essentially included in art. 189 of the Code of Criminal Procedure (Evidence not regulated by law).«When evidence not regulated by law is required, the judge may admit it if it is deemed appropriate to ensure the ascertainment of the facts and does not prejudice the person's moral freedom. The judge grants the admission after consulting the parties on the procedures for obtaining the evidence..») and in art. 234 cpp (Documentary Evidence “The acquisition of writings or other documents representing facts, people or things through photography, cinematography, phonography or any other means is permitted.”).

The Court of Cassation has thus reiterated on the subject of computer crimes  It is not true that paper copies of website screens are unusable in court, given that computer data is considered documentary evidence, and no specific guarantees are required to extract such data. Consequently, any freely acquired document has evidentiary value, even if uncertified; the judge will then freely evaluate its reliability.

Follow on The Sun 24 Hours