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The need to prosecute the crimes at the IT level that existed since the late eighties, so much so that, on September 13, 1989, the European Council issued a Recommendation on the Computerized Litigation where illicit behaviors at the IT level were debated. Such offenses were distinguished in two lists: they referred to the first list called minimum list those behaviors that States must pursue at the criminal level as:

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The fraud in the computer field that provides for the alteration of a procedure for programming data with the purpose of procuring an illegal gain; The false in computer documentation; The damage done to data and programs; Computer corruption; The unauthorized access to the transgression of the precautionary measures of the information system; Illicit interception; The unauthorized application of programs with protection; The not allowed application of floor plans of semiconductor products.

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The second list was called "optional list" behaviors "hypothetically" to impute, such as: The alteration of databases or programs is not allowed as long as it does not represent a damage; The informatic spy seen as the diffusion of communications connected to the private industrial or commercial; The unauthorized application of a processor or network of processors; The unauthorized application of a program with protection, illegally duplicated.

Later, during the XV Congress of the International Association for the application of the Criminal Law of 1990, the need to impute not only the offenses of the minimum list but also the behaviors included in the optional list was highlighted.

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The various IT measures highlighted in the congress have considered the provisions highlighted by the association and in September 1994 the European Council, taking into account the antecedent Recommendation, has expanded the behavior to be pursued at the criminal level, by entering:

The market of secret codes access rights obtained unlawfully;

The propagation of viruses and malware.

The term criminal association refers to a crime against public administration, governed by art. 416 of the criminal code of the Italian legal system. With the application of the L. 13 September 1982 n. 646, mafia-type crimes (mafia, camorra, n drangheta, sacred united crown, and so on) are regulated by art. 416 bis criminal code.

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The crime of criminal association occurs "The moment when three or more subjects come together in order to accomplish more crimes ...".

The peculiar elements of this type of offense are:

the solidity of the agreement, or the existence of an associative relationship aimed at lasting over time even after the completion of the individual offenses envisaged that apply the purpose of the association.

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The solidity of the associative relationship characterizes the crime as a permanent crime; the existence of a crime plan aimed at carrying out an indefinite series of crimes. The completion of a single crime does not include the type in question.

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A section of the jurisprudential discipline also provides for the presence of a third attribute, or that the association is provided with an "organization", also reduced, but suitable with regard to the purpose to be achieved. On the question, however, there is no homogeneity of judgment: no organization is useful for someone in doctrine; for others, while a well-defined "hierarchical" and well-regulated system is needed.

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In conclusion, mainly in the jurisprudential discipline, it has been said at times that a "rudimentary" system is enough. Such a criminal association is to be connected to the crimes of essential competition and has some similarities with the contest of subjects in the illicit (called eventual, in how much inserts the mono-subjective typology); apart from this the two structures must be kept clearly distinct.

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In fact, if in the competition of two or more people, in fact, they cross and randomly plan for the accomplishment of one or more well-defined offenses after the event of which the agreement is dissolved, in the criminal association, while three or more people plan to create a solid and continuous structure aimed at carrying out an indefinite series of crimes for which after the realization of one or more offenses that implement the purpose of crime, the associates remain together for the subsequent application of the association s purpose. The effect of all this is that the criminal association is punished, in theory (this is not the area in which to analyze questions of a probative nature), only for the fact of the agreement, configuring itself as an exception according to the usual regulations at the criminal level

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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