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Criminal law Milan
Computer Fraud Aggravated by Digital Identity Theft
On 24 April, the Italian Supreme Court handed down a judgment on computer fraud aggravated by digital identity theft, clarifying that the aggravating circumstance of
An Ironical Social Media Post Does Not Constitute Defamation
On 12 May, the Italian Supreme Court handed down a judgment holding that an ironic and colloquial post published on the social networking platform Facebook
The publication of images on social media without consent constitutes Unlawful Data Processing
On 16 January, the Court of Pescara filed its judgment on the unlawful data processing, holding that the publication of images on a public social
The offence of self-laundering in digital transactions
On 9 February, the Italian Supreme Court of Cassation filed its judgment in which it clarified, inter alia, the constituent elements of the offence of
Unauthorized installation of a bugging device
On 10 March, the Court of Cassation handed down its judgment clarifying the criminal offense of the unlawful installation of a bugging device intended to
Criminal Law Protection of Design in Italy
On 28 July, the Court of Cassation handed down a decision establishing that a design object, and specifically the Rubik’s Cube, qualifies as a work
Posting an offensive video on social media is aggravated defamation
On 12 August, the Court of Cassation filed a ruling stating that the publication of an offensive video on the social network Tik Tok constitutes
Confiscation for equivalent and rights of third-parties
On 23 October last, the European Court of Human Rights ruled on the issue of confiscation by equivalent of assets formally registered in the name
Bitcoin trading and embezzlement
On 29 May last, the Court of Cassation issued judgment no. 20138, in which it held that the offence of embezzlement is constituted by the
The new offense of unauthorized online reproduction through the A.I.
Law No. 132/2025 on artificial intelligence introduced, in Article 171 (1) (a-ter) of the Italian Copyright Act, a new offense concerning the unauthorized reproduction of
Electronic evidence in criminal proceedings in the European Union
The Law of 13 June 2025, No. 91, published in the Official Gazette on 25 June 2025, No. 145, granted the Government the authority to
Corporate e-mails cracked by the system administrator
On June 20th, the Supreme Court filed judgment no. 23158, affirming that administrative access used for unauthorized activities involving employees’ e-mail accounts constitutes the offences
Unauthorized access to an IT system via WhatsApp chats and the use of such chats as evidence in divorce proceedings
On 23 May, the Italian Supreme Court issued judgment no. 19421, affirming that unauthorized access to the WhatsApp application system falls within the scope of
Juvenile diversion program
The probation program in Italian criminal proceedings involving juvenile defendants is an institution aimed at the positive development of the minor’s personality and their social
Asset forfeiture from competitors engaged in corruption
On April 8th, the Joint Sections of the Court of Cassation issued Judgment No. 13783 concerning confiscation. One of the most important principles states that,