Cybercrimes in Italy: What is Cybercrime?
A cybercrime is any illegal activity that involves a computer, network, or digital device as the primary tool, target, or place where the crime occurs. Essentially, it's crime in the digital world.
Cybercrimes in Italy: Cyberstalking under Italian Law
Cyberstalking is stalking carried out online, that is, through the use of digital tools.
Cyberstalking falls within the scope of Article 612-bis
of the Italian Criminal Code ("stalking").
It occurs when someone, through repeated acts of harassment or
threats conducted via digital means (emails, messaging apps, social
media), causes:
- a persistent state of anxiety or fear in the victim,
- a well-founded fear for their safety, or
- a significant alteration of their daily lifestyle.
Penalties
- Imprisonment from 1 to 6 years and 6 months.
Aggravating Circumstances
Penalties increase if:
- the victim is a minor, a pregnant woman, or a person with disabilities;
- the offense is committed by a spouse, ex-partner, or cohabitant;
- electronic means are used systematically and in connection with other crimes (e.g., threats, defamation, unlawful data access).
The crime is punishable upon the complaint of the offended party. The time limit for filing the complaint is six months.
In any case, the criminal complaint is irrevocable if the act has been committed through repeated.
However, proceedings are initiated ex officio if the act is committed against a minor or a person with a disability, as well as when the act is connected with another crime for which ex officio proceedings are required.
Cybercrimes in Italy: Dissemination of Sexually Explicit Material
A particularly sensitive offense is the unauthorized dissemination of sexually explicit images or videos ("revenge porn"), introduced by Article 612-ter of the Italian Criminal Code.
It punishes anyone who, without the victim's consent, distributes or shares sexually explicit material intended to remain private.
Penalties
- Imprisonment from 1 to 6 years,
- Fines ranging from €5,000 to €15,000.
Aggravating Circumstances
Penalties are harsher if:
- the perpetrator is the victim's ex-partner or someone who had an intimate relationship with them;
- the offense is committed using IT tools or social media to maximize exposure;
- the victim is particularly vulnerable due to age or psychological conditions.
The penalty is increased by one-third to one-half if the acts are committed against a person in a condition of physical or mental inferiority, or against a woman who is pregnant.
Evidence Gathering and the Role of Technical Experts
In cybercrime cases, digital evidence is central.
Public prosecutors rely on computer forensic consultants to:
- trace IP addresses and metadata,
- recover deleted content,
- analyze communication patterns,
- determine the identity of the perpetrator beyond reasonable doubt.
The Italian criminal procedure allows prosecutors to appoint technical experts (CTPs) who collaborate with law enforcement in handling complex IT investigations.
During investigations, prosecutors often order the
preventive seizure of computers, smartphones, servers, and
storage devices.
This is essential to:
- preserve evidence before it is deleted,
- prevent ongoing dissemination of illicit material,
- ensure the chain of custody in trial.
Cybercrime in Italy: How can help you
Cyberstalking and the unauthorized dissemination of sexually explicit material represent two of the most serious cybercrimes prosecuted in Italy today. They carry heavy penalties, increased by aggravating circumstances, and involve sophisticated methods of investigation, including the seizure of electronic devices and the use of computer forensic experts.
Given the legal and technical complexity of these crimes, it is crucial to rely on a law firm specialized in international criminal law and cybercrime defense, capable of protecting both defendants and victims in Italian Courts.
The lawyers at our international law firm provide assistance in:
- Defense in proceedings for cyberstalking and revenge porn,
- Support for victims in filing complaints,
- Collaboration with IT technical consultants,
- Protection of rights in accordance with Italian and European criminal law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
