Judgment No. 17814 of 2023: The Aggravating Circumstance for the Use of Skimmers at ATMs

The recent Judgment No. 17814 of January 23, 2023, issued by the Court of Cassation, represents an important reference point for Italian jurisprudence in the field of cybercrimes. This decision focuses on the installation of skimmer devices at ATMs, highlighting how such conduct can constitute an aggravated offense. Let's examine the legal implications of this judgment together.

The Regulatory Context

The Court referred to the following articles of the Criminal Code:

• Article 617-quinquies, second paragraph
• Article 617-quater, fourth paragraph, no. 1
• Article 359, no. 2

These articles define the aggravating circumstances related to the installation of tools for intercepting computer communications. In the case at hand, the installation of a skimmer at an ATM was considered an action aimed at intercepting data communications, with significant criminal implications.

The Ruling's Headnote

The installation of a device intended to intercept data communications at an "ATM" of a credit institution - Aggravating circumstance under the combined provisions of Articles 617-quinquies, second paragraph, and 617-quater, fourth paragraph, no. 1, of the Criminal Code - Existence - Reasons. In the context of installing equipment capable of intercepting, preventing, or interrupting computer or telematic communications, the aggravating circumstance under the combined provisions of Articles 617-quinquies, second paragraph, and 617-quater, fourth paragraph, no. 1, of the Criminal Code exists in the case of the installation, at the "ATM" of a credit institution, of a device (so-called "skimmer") intended to intercept data communications, given that banking activities of collecting savings constitute, pursuant to Article 359, no. 2, of the Criminal Code, a service of public necessity, as, despite having a private nature, being carried out in the form of an enterprise by private entities such as credit institutions, it corresponds to a public interest and its exercise is subject to authorization and supervision by the competent administrative authorities.

This headnote highlights the importance of protecting personal data and communications in the context of banking operations. The Court emphasized that banking activity, even when carried out by private entities, holds public interest and must be protected from illicit conduct such as the installation of skimmers.

Conclusions

Judgment No. 17814 of 2023 represents a significant step in the fight against cybercrimes and the fraudulent use of technologies. It underscores not only the criminal liability of those who install skimmer devices but also the importance of ensuring the security of communications and transactions in the banking sector. The decision of the Court of Cassation serves as a warning to anyone attempting to compromise the security of IT systems, reiterating that such actions will not be tolerated and that the penalties provided by law will be rigorously applied.