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Judgment No. 17814 of 2023: The Aggravating Factor for the Use of Skimmers at ATMs

The recent Judgment No. 17814 of January 23, 2023, issued by the Court of Cassation, represents an important reference point for Italian jurisprudence in the field of cybercrimes. This decision focuses on the installation of skimmer devices at ATMs, highlighting how such behavior can be classified as an aggravated crime. Let us examine the legal implications of this ruling together.

The Regulatory Context

The Court referred to the following articles of the Penal Code:

  • Art. 617-quinquies, second paragraph
  • Art. 617-quater, fourth paragraph, no. 1
  • Art. 359, no. 2

These articles define the aggravating circumstances related to the installation of devices for intercepting computer communications. In the case at hand, the installation of a skimmer at an ATM was considered an action aimed at intercepting data communications, with significant criminal implications.

The Ruling's Maxim

Placement of a device aimed at intercepting data communications at the “ATM” of a credit institution - Aggravating factor as per the combined provisions of articles 617-quinquies, second paragraph, and 617-quater, fourth paragraph, no. 1, of the Penal Code - Existence - Reasons. In terms of the installation of equipment capable of intercepting, preventing, or interrupting computer or telematic communications, the aggravating circumstance as per the combined provisions of articles 617-quinquies, second paragraph, and 617-quater, fourth paragraph, no. 1, of the Penal Code, exists in the case of placement, at the "ATM" of a credit institution, of a device (so-called "skimmer") aimed at intercepting data communications, given that the banking activity of collecting savings constitutes, pursuant to article 359, no. 2, of the Penal Code, a service of public necessity, since, although it has a private nature, being exercised in the form of a business by private entities such as credit institutions, it corresponds to a public interest and its operation is subject to authorization and is monitored by the competent administrative authorities.

This maxim highlights the importance of protecting personal data and communications in the context of banking operations. The Court emphasized that banking activity, although exercised by private parties, has a public interest and must be protected from illegal behaviors such as the installation of skimmers.

Conclusions

Judgment No. 17814 of 2023 represents a significant step in the fight against cybercrimes and the fraudulent use of technology. It highlights not only the criminal responsibility of those who install skimmer devices but also the importance of ensuring the security of communications and transactions in the banking sector. The decision of the Court of Cassation serves as a warning to anyone attempting to compromise the security of information systems, reaffirming that such actions will not be tolerated and that the penalties provided by law will be applied rigorously.