Court of Rome and computer crimes: the wi-fi connection in the case of possession of pedophile material, can not prove the guilt of the accused, access to pedophile sites on the Internet can also occur accidentally and connection logs providers do not have evidential value.

It ‘a judgment intended to be debatable that emitted by the seventh section of the Criminal Court of Rome, which tackles the delicate issue of access to websites from the pedophile content, establishing principles somewhat surprising.

The case brought to the attention of the Court Capitoline originated from an investigation by the police of Luxembourg who had reported to Interpol , the world’s largest international police organization, with 190  member countries,  the presence of a large number of Italian navigators that would be connected to a pedophile site located abroad.

The identification of Italian navigators had taken place through the connection of computer evidence gathered by the same Interpol.

Among the defendants was an italian manager, defended by Fulvio Sarzana di S. Ippolito, of Sarzana and Partners Law Firm, who had a home broadband internet connection through the wireless system called WI FI.

The Court of Rome, by judgment of 11 June 2012,  sent acquitted the man for not having committed the crime, establishing some important principles in the collection and identification of evidence of a crime committed through the Internet.

Among the principles established by the Court of Rome that there is access to a pedophile site may be accidental and not a criminal offense, the nature of child pornography images must be rigorously proven,  that a wi-fi connection can also be used by third parties that may have interfered illegally in the computer system of the accused and, above all, that the evidence of the connection to a website acquired from the internet service provider, through the so-called log connection, or evidence of access to a specific website if not acquired and stored in accordance with the law, are unusable.

This profile is bound to have important consequences in all crimes that are done through the internet.

For the first time in Italy in fact a court applies in favor of the accused, the rules  of transposition of the Budapest Convention of 2008 on crimes via the Internet,  asserting that the failure on the part of the organs investigation  of the collection of data Internet connection to the internet service provider, to be able to render useless the evidence gathered.

Fulvio Sarzana
Studio Legale Roma Sarzana & Associati
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