IL CONTRASTO DEI REATI INFORMATICI - Principali linee di intervento nell'ambito del diritto internazionale e dell'Unione Europea -

Abstract

The widest use of the personal computer and other related instruments undoubtedly improved people life worldwide in many ways but at the same time it gave birth to a new type of crimes named computer crimes and cybercrimes which involved and still involve not only people who live in the country where they are committed but they can hit people living in other countries as well at the same time. For this reason, to face this type of crimes it seemed that the domestic law wasn’t enough anymore and that at a certain point a law enforcement became necessary at the International level and it came with the Council of Europe’s Convention on Cyber crime drawn up in Budapest on November 23rd 2001, which is the very first International instrument created to face and fight computer and cyber crime. Keeping this Convention as our main point of reference we try to analyze it and find out the consequences of its adoption, with especial reference to the Italian domestic law starting from describing the computer and its related instruments including cyberspace only to better understand in which way a computercrime or cybercrime can hit; the following subject is about the structure of a crime in general and of the computer or cybercrime in particular to have the chance to better understand the types of crimes described later, some of them were mentioned in the Convention on Cybercrime and in the Decision Framework 2005 /222/JHA with particular reference to the way the are introduced and in the Italian domestic law; the we go on with the analysis of the main measures taken against cyber crime at the International and European level giving prominence to the Convention on Cybercrime, to the Decision Framework 2005/222/JHA and to the European Union’s Directive 2013/40/EU which has to be introduced in the domestic law of the States which will choose to do it by September 4th 2015 so we try to analyse it as well. The following subject treated is about the main institutions fighting cybercrime at the International and the European Union level. The aim of this thesis is to underline the need of cooperation among the States worldwide to fight the increasing threat of cyber crime especially at the level of the criminal law and to try to understand what has been done so far, if it works and what still needs to be done to make it work better.