The Crime of Unauthorized Access to Computer Systems: Implications and Defense

In the digital age, data security and the inviolability of virtual domains have taken on central importance, comparable to that of a physical domicile. Receiving a notice of investigation or being investigated for the crime of unauthorized access to a computer system can cause significant concern, given the severe consequences provided for by our legal system. As a criminal defense lawyer in Milan, I deeply understand the anxiety that arises from being involved in criminal proceedings related to new technologies, where the line between lawful and unlawful behavior can often appear thin to those outside the legal profession.

The crime in question is governed by Article 615 ter of the Italian Penal Code. The provision punishes anyone who unlawfully enters a computer or telematic system protected by security measures, or remains therein against the express or tacit will of the person entitled to exclude them. It is crucial to understand that the law does not only penalize the hacker who breaches a remote system, but also much more common situations, such as access by a disloyal employee, an ex-spouse, or someone who uses legitimately obtained credentials for purposes other than those authorized. Case law has clarified that the crime exists even when access is gained using a password legitimately possessed, if the operation is carried out for purposes unrelated to those for which the access key was entrusted.

The Approach of Studio Legale Bianucci in Cybercrimes

Avv. Marco Bianucci, an expert lawyer in criminal law in Milan, handles cases of unauthorized access to computer systems with an analytical and rigorous method. Defense in this area requires not only a solid knowledge of the penal code but also the ability to interpret digital technical evidence. At Studio Legale Bianucci, located at Via Alberto da Giussano 26, each case is examined starting with a precise verification of the charges: it is analyzed whether the breached system was indeed protected by security measures, an essential element of the crime, and the nature of the access authorization is evaluated.

The defense strategy often focuses on demonstrating the absence of intent or the legitimacy of the access based on company policies or agreements between parties. In many cases, collaboration with IT technical consultants allows for the examination of log files and digital traces to reconstruct the exact sequence of events, often exonerating the client or significantly reducing the severity of the charges. The objective of Avv. Marco Bianucci is to ensure that the client's rights are protected at every stage of the proceedings, offering legal representation that combines legal expertise with an understanding of technological dynamics.

Frequently Asked Questions

What are the risks if I am convicted of unauthorized access to a computer system?

The basic penalty provided by art. 615 ter of the Penal Code is imprisonment for up to three years. However, penalties can increase significantly if the act is committed by a public official, a person in charge of a public service, or if the access causes the destruction or damage of the system or the data contained therein. As a criminal defense lawyer, it is my duty to analyze each alleged aggravating circumstance to develop the best possible defense strategy.

Is accessing a spouse's social media profile or email account a crime?

Yes, case law is now well-established in holding that accessing a spouse's or partner's social media profile, email inbox, or phone without their consent constitutes the crime of unauthorized access to a computer system. Even if one knows the password, using it against the will of the account holder constitutes the criminal offense, as the privacy of correspondence and personal digital space is violated.

If I had the password for work reasons, can I be prosecuted?

Possessing the password does not guarantee immunity if access is gained for purposes unrelated to work activities or after the termination of employment. If an employee uses credentials to copy confidential data for personal gain or to harm the company, they can be prosecuted. The technical defense provided by Avv. Marco Bianucci in these situations aims to verify the precise limits of the authorization received and the company policies in force at the time of the events.

What should I do if I receive a notice of investigation for this crime?

The first thing to do is to remain calm and not make hasty statements to the investigating authorities without the presence of legal counsel. It is essential to immediately contact a lawyer specializing in criminal law and cybercrimes to review the case files and prepare the defense. Delaying or attempting to erase traces from your computer could worsen your legal situation.

Request a Legal Consultation in Milan

If you are under investigation for unauthorized access to a computer system or believe you are the victim of a violation of your digital security, it is crucial to act promptly. Avv. Marco Bianucci is available to analyze your case with the utmost confidentiality and professionalism. Contact the firm to schedule an appointment at our office in Milan and define the most suitable strategy for protecting your rights.