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In detail, the greater reimbursement margin for having suffered an illegitimate incarceration has increased, from one hundred million lire to one billion (currently € 516.456,90), and it has also increased the last limit to present, under penalty of unacceptability, request compensation: from 18 to 24 months.
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Illicit data in the IT sector are those crimes committed through or compared to information technology tools, ie a computer, or a telematic system, or a set of computers.
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The PC, in fact, may be the subject of an offense, and in this case the purpose of those who commit the crime consists in stealing or deleting the data of the same memory; in other cases, on the contrary, the computer can be a tool for the accomplishment of offenses, for example the one who uses the PC to carry out scams.
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Regarding the illicit computer, the legislative body acted with the lg. n. 547/93, to introduce innovative criminal typologies into the penal code; with the lg. 269/98 and 38/2000 to sanction child pornography; with the legislative decree 196/2003 to condemn the non-observance of personal data; with the lg 128/2004 for the defense of copyright; with two legislative decrees, in 2001 and 2005, then transformed, to prevent and hinder international terrorist acts; other rules are identifiable for the regulation of e-commerce, company property, and betting games via the web.
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The unlawful cases expected by the criminal code are fraud through IT tools (Article 640 ter of the Italian Criminal Code) which results in the alteration of an IT system in order to ensure illegitimate gains, the illegal entry into a computer or telecommunications network (615 ter cp ), the illegal possession and disclosure of codes of entry to computer and electronic networks (615 quater cp), the disclosure of equipment, mechanisms or IT applications aimed at damaging or blocking an IT or telecommunications system (615 quinquies of the Italian Criminal Code).
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It is also punished who, without permission, captures, obstructs, suspends or disseminates IT information (article 617 quater c.p.); it places equipment for the interception, suspension or obstruction of information technology (Article 617 quinquies c.p.); tampers, modifies or cancels or manipulates the computerized conversation obtained with the interception activity (article 617 sexies c.p.); eliminates, damages, cancels, news, communications or IT applications (Article 635 bis of the Italian Civil Code). 547/1993, moreover, has also renewed some provisions of the penal code: for example, with regard to the infringement and stealing of correspondence, the fourth paragraph of art. 616 of the Italian Civil Code, it is established that "correspondence" refers to that consisting of letters, telegrams, telephone, computer or telematic means, or realized with all other types of remote information.
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THE INCIDENTAL FACTORS OF HYPECY
When we speak of illicit things we refer generically to "every case in which the legislative whole reconnects as a result a penal punishment". Each illicit is composed of an objective factor and an individual one.
The objective factor is usually formed by three elements: the behavior, the circumstance, and the causal relationship. The behavior is revealed in a gesture or in an inattentive uniformed by the law that regulates the illicit.
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Where the notion of behavior is clearly understandable, the circumstance is the subject of multiple theoretical interpretations. We can state, in any case, that the circumstance is the normal consequence of the behavior of the man important for the law.
The latter, moreover, is not always fundamental since the law also regulates illicit without circumstances (defined as mere behavior).
In order for the causal relationship to exist (Article 40 of the Civil Code), it is essential that the conduct caused the circumstance. Also in this regard there are different interpretations on the part of the doctrine including the thesis of the condicio sine qua non, that of the proportional causal relation and that which is based on the general scientific principles and elements of statistics.
Generally the individual factor of the crime (articles 42 and 43 c.p) is revealed in the legitimate intention to commit a crime.