Italy
The Senate (pdf) of the Italian Parliament has on February 27 (2008) approved and rattified the Convention on Cybercrime.
Penal Code Article 615 ter: Unauthorized access into a computer or telecommunication systems:
Anyone who enters unauthorized into a computer or telecommunication system protected by security measures, or remains in it against the expressed or implied will of the one who has the right to exclude him, shall be sentenced to imprisonment not exceeding three years.
The imprisonment is from one until five years:
1) if the crime is committed by a public official or by an officer of a public service, through abuse of power or through violation of the duties concerning the function or the service, or by a person who practices - even without a licence - the profession of a private investigator, or with abuse of the capacity of a system operator.
2) if to commit the crime the culprit uses violence upon things or people, or if he is manifestedly armed.
3) if the deed causes the destruction or the damage of the system or the partial or total interruption of its working, or rather the destruction or damage of the data, the information or the programs contained in it.
Should the deeds of the 1st and 2nd paragraphs concern computer or telecommunication systems of military interest or (concerning) public order or public security or civil defence or whatsoever public interest, the penalty is - respectively- one to five years or three to eight years' imprisonment. In the case provided for in the 1st paragraph, the crime is liable to punishment only after an action by the plaintiff; the other cases are prosecutioned "ex-officio".
-615 quater: Illegal Possession and Diffusion of Access Codes to Computer or Telecommunication Systems:
Whoever, in order to obtain a profit for himself or for another or to cause damage to others, illegally gets hold of, reproduces, propagates, transmits or deliver codes, key-words or other means for the access to a computer or telecommunication system protected by safety measures, or however provides information or instructions fit to the above purpose, is punished with the imprisonment not exceeding one year and a fine not exceeding 10 million liras.
The penalty is imprisonment from one until two years and a fine from 10 until 20 million liras in the case of one of the circumstances numbered in 1 and 2 in the 4th paragraph of article 617-quater.
-615 quinquies: Diffusion of Programs Aimed to Damage or to Interrupt a Computer System:
Whoever propagates, transmits or delivers a computer program - edited by himself or by another - with the aim and the effect to damage a computer or telecommunication system, the data or the programs contained or pertinent to it, or rather the partial or total interuption or an alteration in its working, is punished with imprisonment not exceeding two years and fined not exceeding 20 million liras.
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