United Sections of the Court of Cassation on Computer Crimes and Wiretapping

Avvocato Roma Studio Legale

Lawyer Rome Law Firm

Computer Crimes. The Supreme Court of Cassation (joint divisions) will have to rule.

The question of the validity of electronic interception through software programs installed without the target's knowledge has been referred to the United Sections of the Court of Cassation.

  • The Unitre sections will have to establish the validity of telematic interceptions through computer interception devices.
  • In particular, the Supreme Court will have to establish whether the decree which provides for the interception of conversations or communications through the installation of a computer virus in electronic devices must indicate, under penalty of the related results being unusable, the places where the relevant interception must take place;
  • whether, in the absence of such indication, the possible sanction of inadmissibility specifically concerns only interceptions that occur in places of private residence outside the conditions indicated in art. 266, paragraph 2, of the Italian Code of Criminal Procedure;
  • whether this indication can be disregarded in the event that interception by means of a computer virus is ordered in proceedings relating to organised crime offences.

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