In this particular period of market it is necessary to pay attention to all of the factors that could weigh upon the society or company’s good management: one of the most important, but erroneously underestimated often, is the risk concerning the computer crimes. These last ones must be managed as the negative side of the computer science and data communications’ development. The risk to have to pay the consequences of a computer crime committed by an own employee is a reality today, considering the change intervention on the 231/01 by law n. 48 of 2008, that it has acknowledged the convention of Budapest on Cybercrime, and that besides integrating the computer crimes present in our penal code, it has extended the companies and institutions’ administrative liability and it has introduced pecuniary and depriving sanctions. In particular, there is the company’s administrative liability for the committed forgery on computer documents and the fraud committed by the subject authenticating the electronic signature, for damage of computer data and programs used by the State or by other government, or public utility, as well as for the damage of public utility computer or data transmissions’ systems. The Public administration computerizing process is changing the relations with companies by intensifying and widening them: is enough thinking, for example, at the increasing appeal to data transmissions call for tenders or to all the companies that furnish services to the administrations for the document, connectivity or Certified Electronic Mail certification management. The incur in a computer crime can stipulate for these companies not only pecuniary sanctions, also important, but especially serious disqualification sanctions as the exclusion from facilitations and financings and in particular, the prohibition to negotiate with the Public administration. The true risk is that the computer crimes have some peculiar characteristics compared to other crimes foreseen by 231/01, that makes them hardly ascertainable.
The first peculiarity is that anyone can commit them and do not exist areas or functions at high-risk, given that is enough having a PC and a web connection and so, it is necessary a closely supervision of all the employees. The second distinctive characteristic is that the computer crimes are rarely just crimes, as it happen in most part of other crimes cases, but in this case those are often instrumental crimes aimed to the attainment of a further purpose. The computer crime usually aims to realize another crime, to hide its traces or to make sure an unfair profit and so, it is hardly detectable until the last purpose won’t be performed.
To these characteristics, part of the doctrine has criticized the introduction of the computer crimes into the legislative decree 231/01, sustaining that these are not leading to the typical business activity - as it happens for example for crimes as corruption, that are often committed by employees against and not in favor of the company - and to the control, that results very difficult, considering the huge volume of data and information nowadays.
All this, leads us to a reflection concerning the necessity to alert the companies on these risks so that they can tutelary themselves with operative tools against computer crimes preventively founding appropriate control procedures and reviewing their organizational model. * Of counsel Nunziante Magrone law firm