Cybercrime charges in Italy and digital evidence
Italian computer crime law is broader than most visitors expect. Unauthorised access to a protected system does not require hacking: using credentials you were legitimately given, for a purpose outside the authorisation, is enough. Penalties in this area were increased by legislation in 2024.
The main offences
| Offence | Conduct | Provision |
|---|---|---|
| Unauthorised access | Entering or remaining in a protected system against the holder's will | Art. 615-ter Criminal Code |
| Computer fraud | Altering a system or intervening on data to obtain a profit | Art. 640-ter |
| Interception of communications | Unlawful interception of computer communications | Art. 617-quater |
| Damage to data or systems | Deleting or altering data, or disabling a system | Art. 635-bis ff. |
| Identity substitution | Passing yourself off as someone else to gain or harm | Art. 494 |
| Non-consensual images | Sending or publishing sexually explicit images without consent | Art. 612-ter |
| Defamation | Damaging reputation in communication with several people | Art. 595 |
Unauthorised access is the one that catches employees and former employees. Accessing a company system with your own valid password, but for reasons unconnected to your duties, has been treated by the courts as remaining in the system against the will of the holder.
Defamation is a crime here
Visitors from systems where defamation is purely a civil matter are frequently surprised. In Italy it is a criminal offence, prosecuted on complaint, and a post or a message in a group chat readable by several people satisfies the requirement of communication with more than one person.
Insult between private individuals, by contrast, has not been a crime since 2016: it is a civil wrong. The distinction is whether the person is present — insulting someone to their face is not the offence; damaging their reputation in their absence is.
Digital evidence: where these cases are decided
The Constitutional Court has held that email and messaging content already received falls within the notion of correspondence protected by Article 15 of the Constitution. It follows that acquiring it requires a reasoned order from a judicial authority: it is not a simple document that can be picked up.
The rest of the argument is technical, and it is where cases are won.
- The forensic copy. Extraction must follow procedures ensuring the data conform to the original and cannot be altered, and the operation must be documented.
- Notice to the defence. Where the operation cannot be repeated identically, the defence must be warned and may appoint an expert. Its absence is a recurring ground of objection.
- The scope of the search. An order about one episode does not authorise the exploration of years of a person's digital life. Limitation by keyword, correspondent and time frame can be requested.
- Screenshots. Weak evidence if contested: they prove neither authenticity, nor sender, nor that the exchange is complete.
- The whole thread. A message extracted from a longer conversation can carry the opposite meaning. Acquisition of the full exchange is often the single most effective request.
If a device has been seized
The deadline to challenge a seizure is ten days from execution. Separately, once the forensic copy has been made, continued retention of the physical device is usually contestable: the evidence is the copy, not the handset.
Frequently asked questions
Is using my own work password an offence?
It can be. Accessing a company system with valid credentials but for purposes outside your authorisation has been treated as remaining in the system against the holder's will.
Is defamation a crime in Italy?
Yes, and a post or a group chat readable by several people meets the requirement. Insult between private individuals, by contrast, has been a civil matter since 2016.
Are WhatsApp messages just documents?
No. The Constitutional Court has held that messages already received are correspondence protected by Article 15 of the Constitution, so their acquisition requires a reasoned judicial order.
When do I get my phone back?
Once the forensic copy has been made, continued retention of the device is usually contestable. The seizure itself can be challenged within ten days of execution.
If a device has been taken
The record of the seizure and the method of extraction are the case. First contact is free and covered by professional privilege.