ITALY Trends and Developments Contributed by: Giuseppe Fornari, Enrico Di Fiorino, Emanuele Angiuli and Lorena Morrone, Fornari e Associati
the law, by the presence of elements of data or information automation, which constitute the essential core of the criminal offence. However, cybercrimes in the broader sense are nothing more than common crimes committed using computer tools. The first includes computer fraud pursuant to Section 640-ter of the Italian Criminal Code or unauthorised access to a computer or telematic system (Section 615-ter of the Italian Criminal Code, which has recently been amended to increase sanctions), or the new offence of cyber- extortion (Section 629(3) of the Italian Criminal Code). The second category, as already mentioned, represents common crimes committed through the use of new technologies. The use of technol - ogy not only affects the way in which the con - duct is carried out but also makes the work of investigative bodies even more complex, as they find themselves having to investigate criminal phenomena that are difficult to decipher. By way of example, the offences of money laundering and self-laundering (Sections 648- bis and 648-ter.1 of the Italian Criminal Code respectively) become so-called cyber launder - ing if committed in the context of cyberspace. This is the case, for instance, in the transfer of money to current accounts opened at credit institutions based in offshore states or the use of so-called smart cards (ie, cards that can be reloaded and therefore used without a specific current account being opened). Another relevant phenomenon that intersects with money laundering cases more than ever concerns the use of virtual currencies (or crypto - currencies). The essential characteristics of the cryptocurrency system are as follows:
• decentralisation of negotiations: decisions are entrusted not to a bank or other regulatory body but to individual users, whose actions are implemented through the so-called block - chain; • anonymity of market operators: the block - chain system actually makes it possible to trace transactions carried out on the network, but does not reveal the identity of those involved; and The legislative perimeter of cybersecurity has been reinforced in Italy and Europe over the course of the past year. Two main laws have been introduced to that end. Law No 90/2024, focused specifically on cyber - crimes, strengthened the national framework on cybersecurity, introducing a set of provi - sions aimed at ensuring an enhanced protection against cyber-attacks and facilitating an efficient response to these emergencies. Section 16 of the Law specifically intervened on the Italian Criminal Code and Section 17 of the Law spe - cifically intervened on the Italian Code of Crimi - nal Procedure, introducing new crimes (such as cyber-extortion) and changes to procedural rules that help prosecutors in the investigations phase (for example, the time limit for this phase has been extended to two years). • rapid circulation on the internet. National Cybersecurity Perimeter Legislative Decree No 138/2024 transposed the NIS2 Directive (EU 2022/2555) into the Italian legal system, by embodying its principles and rules in the following ways. • National Cybersecurity Strategy: member states are required to adopt a national cyber - security strategy and maintain an updated list of essential service operators, ensuring
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