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The types of offenses expected by the criminal code are the fraud at the IT level (article 640 ter criminal code) which provides for the alteration of an IT system in order to achieve an unjust gain; illegal access to an information system (615 ter Penal Code), possession and illegal issuance of codes to access computer equipment (615 quater Criminal Code), the propagation of tools, machinery or telematic systems aimed at spoiling or blocking an information system (615 quinquies criminal code).

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A person is also fined who, in the absence of authorization, impedes, obstructs, blocks or disseminates electronic information (article 617 quater criminal code); constructs machinery designed to interfere with, hinder or block telematic information (Article 617 quinquies of the Criminal Code); manipulates, modifies or deletes the intercepted telematic information (article 617 sexies c.p.); cancels, damages, eliminates, news, communications or telematic systems (article 635 bis criminal code).

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The legislation n. 547/1993, moreover, he also wrote certain articles of the criminal code: mainly, with attention to the infringement and the theft of correspondence letters, to the fourth paragraph of the art. 616 of the Criminal Code, it is clarified that "correspondence" refers to that consisting of letters, telegraphs, telephone calls, information systems, that is, performed with any other distance information method.


The professional fault of the doctor in criminal proceedings constitutes a fundamental part of the criminal law for various reasons. Only if we focus on medical responsibility, on health, which is not only a juridical interest but a vital interest, we understand how fundamental and unique is its action and, on the other hand, how the mistakes made by the same can be ruinous.

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If we also think that the discipline in the medical field is not a faithful science, and that the same is constantly changing, we can understand how fundamental it is that the Legislation determines a precise regulation, and Jurisprudence the exact principles of interpretation.

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Mainly, the professional guilt of the doctor is generated through two crimes: manslaughter (Article 589 criminal code), or individual negligent injuries (Article 590 of the Italian Civil Code).

Provided one of the same crimes is committed, it is useful that there are certain characteristics: a work of omission on the part of the doctor, the wounds or death of the patient, the relationship between the two, and ultimately the medical responsibility.

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Moreover, the verification of the first two is not very problematic (almost always in the process, in reality, even these are difficult to verify), determine when you are faced with the so-called "cagionante report", and when you are facing "medical responsibility" , it is not a matter of little consideration.

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With reference to the cagionante report, Art. 40 criminal code, prescribes that the same occurs when the "damage", or individual injuries or death, are a direct effect of the "work of omission", or the responsibility or lack of medical responsibility.

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In fact, often the individual injury, and / or the death, are caused by different reasons, not by only one (in fact this is valid for almost all empirical cases), for which the legislation had to establish rules of complex interpretation that are regulated by the Art. 41 criminal code, called "contest of causes".

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It is in reference to the "causation of causality relationship" that legislation and jurisprudential discipline have always concentrated and, still, concentrate; the knowledge of legal experts, on the one hand, and the applications of the Courts, on the other, are very numerous and often difficult to share.