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DOTTRINA

Ci si sofferma sulla pronuncia della Cassazione in merito alle esigenze cautelari
richieste in fase di indagini preliminari: le sue conclusioni, infatti, aprono nuovi scenari
futuribili circa l’impiego del cosiddetto “captatore informatico” come strumento d’indagi-
ne, a integrazione di quanto già disposto dalla recente sentenza “Scurato” delle Sezioni
Unite (limitata alle intercettazioni “tra presenti”), compensando idealmente l’approccio
rigidamente circoscritto che il legislatore ha palesato sulla tematica con l’ultima riforma
“Orlando” (peraltro attualmente sospesa nella sua esecuzione).

On July 16th 2018, one of the most controversial spy stories in recent years came to an end. Giulio
Occhionero , a nuclear engineer, and his sister, Francesca Maria, were sentenced respectively to 5 and 4
(4)
years in prison for illegally accessing computer systems and intercepting computer and telematics commu-
(5)
nications. The case involved many well-known victims, pertaining to the economic-legal sector and the natio-
nal politics or ascribable to public institutions . Their data, exfiltrated by deception, became crucial mate-
(6)
rial for an extended investigation whose framework and purposes, for certain aspects, are not yet defined.
In the following work, after a preliminary event reconstruction (along with a discussion of the convict’s
technical profiles basing on their criminal conducts), an analysis of the subjects’ legal classification will fol-
low, according to the framework outlined by the most relevant case law in this field. The focus will move
on the decision of the Court of Appeal, with reference to the precautionary measures requested during the
preliminary investigations. Particularly this sentence opens new potential scenarios regarding the employ-
ment of an innovative investigation tool, namely the “Trojan horse”. The latter represents the result of
the latest pronouncement issued by the Joined Chambers (the so-called “Scurato” sentence) on this
matter and highlights some legislative gaps arisen from the “Orlando” reform (whose implementation is
actually pending).

(4) Occhionero, head of the “Westlands Securities Srl Limited”, a company registered in Malta, holds a back-
ground as quantitative analyst. In 2000 he founded the “Quantitative Finance Group” (focused on financial
quantitative research), a joint venture between “Westlands Securities” and “La Sapienza” university’s
Department of Applied Mathematics. Furthermore for two years, since March 2001, he had taken part in
the investment committee of “Monte dei Paschi di Siena” (as the only external member), playing the role of
advisor for the selection of investment portfolios.
(5) In this specific case, password-protected mailboxes were interested.
(6) Among the hacked personal computers there were some devices belonging to the Chamber, the Senate, the
Foreign and Justice Ministries, the Democratic Party as well as Finmeccanica and Bankitalia. According to
the judges, Occhionero and his sister allegedly tried to hack the e-mail accounts of the former Prime Minister
Matteo Renzi, the President of the European Central Bank Mario Draghi and the former Prime Minister
Mario Monti (even though no concrete evidence was provided to prove their private accounts had been viola-
ted). “In many cases the hacked computer systems were of public or military interest or linked to the public
security” as the pre-trial investigation judge stated in the order.

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