Law / Italy

Codice Penale Art. 615-quinquies, Illicit Malware Devices (Repealed)

Codice Penale, art. 615-quinquies, repealed by Legge 28 giugno 2024, n. 90, art. 16, comma 1, lettera d)

A computer misuse rule binding public and private bodies.

What it requires

  • Repealed with effect from , so read this as context rather than a live duty: Legge 90/2024 restated its subject matter as the new Article 635-quater.1.
  • Before its repeal it punished obtaining, producing, distributing, making available or installing devices or computer programmes suited to damaging a computer or telematic system or interrupting its operation, where done with the intent to cause that harm.

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

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Before its repeal, Article 615-quinquies punished, with imprisonment up to two years and a fine up to EUR 10,329, whoever, intending to unlawfully damage a computer or telematic system or its information, data or programmes, or to cause the total or partial interruption or alteration of its operation, obtained, produced, reproduced, imported, distributed, communicated, delivered or otherwise made available to others devices, apparatus or computer programmes suited to that purpose.

Legge 238/2021, art. 19, comma 2, lettera a), added abusive obtaining, holding and installation to the conduct the article punished. Legge 90/2024, art. 16, comma 1, lettera d), repealed the article, effective . Article 16, comma 1, lettera q), of the same Act inserted Article 635-quater.1, which punishes the same conduct of obtaining, holding, producing or distributing devices, apparatus or computer programmes intended to damage or interrupt a computer or telematic system.

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