Criminalizing Cybercrimes: Italian and Polish Experiences

Abstract

The rapidly advancing development of technology has both positive and negative effects on society and its members. Moreover, legislation can be slow to catch up with reality. This also applies to any reaction of society to new forms of social deviance. There is typically a delay in the introduction of legislation which tries to give a legal framework to new technological developments. The authors have taken an exploratory approach, analysing changes in Italian and Polish penal law relating to cybercrime that have occurred in Italy and Poland so far. The timeline, pace, and scope of the processes of criminalization are presented for each country. Even though both legislators had and have the same goal, differences in the approach to achieving it are visible. The conclusions may lead to changes in the penal policies of both countries.