The Invisible Threat of Digital Surveillance
Technology has made our lives simpler, but it has also opened the door to new forms of intrusion into our private sphere that can turn into real nightmares. The suspicion of being monitored through one's smartphone, or the discovery of a GPS tracking device in one's car, generates a state of deep anxiety and fear. Similarly, being accused of using these tools to monitor someone implies the risk of facing a serious and complex criminal proceeding. As a criminal lawyer practicing in Milan, it is essential to clarify that the improper use of apps and trackers is not a mere game, but can constitute the crime of persecutory acts, commonly known as stalking.
The Legal Framework: When Technology Becomes a Crime
The Italian Penal Code, in Article 612-bis, punishes anyone who, through repeated conduct, threatens or harasses someone in a way that causes a persistent and serious state of anxiety or fear. Jurisprudence has now consolidated the view that so-called cyberstalking, or technological stalking, fully falls within this category. The covert installation of spyware on a mobile phone or the placement of a GPS tracker on the victim's car are considered acts capable of constituting harassment. Direct physical or verbal contact is not necessary: constant monitoring of another person's movements and communications is sufficient to violate their moral freedom, often forcing them to change their life habits to escape surveillance.
Studio Legale Bianucci's Approach: Technical and Strategic Defense
Addressing a digital stalking case requires expertise that goes beyond mere knowledge of the penal code; a deep understanding of technological and evidentiary dynamics is necessary. Avv. Marco Bianucci, an expert criminal lawyer in Milan, handles these delicate matters with a rigorous and analytical approach. When assisting the injured party, the primary objective is the crystallization of evidence. A simple screenshot or the discovery of a device may not be sufficient in court if not acquired through correct forensic procedures that guarantee their authenticity and integrity. The firm works to transform suspicion into usable judicial evidence.
On the other hand, when Avv. Marco Bianucci undertakes the defense of someone under investigation for crimes related to the use of tracking technologies, the strategy focuses on verifying the existence of the constituent elements of the crime. Not every form of surveillance constitutes stalking: it is necessary to prove intent, repetition, and the actual psychological impact on the alleged victim. The expert criminal lawyer carefully assesses whether the digital evidence presented by the prosecution was lawfully collected or if there are grounds to object to its inadmissibility, thereby ensuring full respect for the right to defense and a fair trial.
Frequently Asked Questions
Is installing a GPS in a spouse's car a crime?
Yes, prevailing jurisprudence considers the non-consensual installation of a GPS tracker in a spouse's or partner's car as conduct that can constitute the crime of unlawful interference in private life or, if repeated and causing anxiety, the crime of persecutory acts (stalking).
How can I prove I have spyware on my phone?
To have legal value, the presence of spyware must not only be suspected but certified. It is advisable not to tamper with the device and to contact a lawyer who can coordinate a forensic IT expert examination. This technical analysis is the only way to extract data in a manner that is admissible as evidence in any potential trial.
What are the risks if I am reported for stalking via app?
The crime of persecutory acts (Art. 612-bis c.p.) carries severe penalties, including imprisonment from one year to six years and six months. The penalty may be increased if the act is committed through computer or telematic tools. It is essential to promptly engage a criminal lawyer to prepare an adequate defense.
Can I claim damages for being monitored?
Absolutely yes. A victim of digital stalking can join the criminal proceedings as a civil party to claim compensation for moral and material damages suffered due to the persecutory conduct. Avv. Marco Bianucci also assists his clients in this phase to obtain fair compensation.
Request a Legal Consultation in Milan
If you fear you are a victim of digital surveillance or if you are involved in an investigation for crimes related to the use of tracking technologies, it is crucial to act promptly and competently. Avv. Marco Bianucci is available at the office located at Via Alberto da Giussano 26 in Milan to analyze your specific situation with the utmost confidentiality. During the preliminary consultation, the case will be assessed to define the most effective defense strategy.