I dipendenti pubblici che utilizzano internet per motivi estranei al lavoro rischiano la sospensione.
(Cassazione 20326/2008)
Public employees who surf the web too and use the Net to download materials related to their work not commit the crime of embezzlement and threatened with suspension from service. This was established by the Sixth Criminal Chamber of the Court of Cassation upheld the appeal of the Prosecutor of Bari against the revocation of suspension from public service of an employee of the City of Trani. The clerk was surprised to use the office computer, it was connected to a DVD for personal use by taking advantage of the computer network of the Municipality. As reconstructed by the judges, in fact, the municipal employee surf the Internet on non-institutional sites, downloading data and images for personal archives not related to public office, mainly pornographic material, with economic damage to the public body. Investigated for embezzlement, the employee was first suspended by the Court of Trani and subsequently reinstated by the Court of Bari, who had ruled that "the crime of embezzlement protect the assets of the PA and that the same could not be depleted as a result of connections question of a computer and still connected to the mains electricity and telephone regardless of the use and navigation, "believing, with particular reference to the connection to the electricity grid, which had not shown the financial loss, since" the computers are always connected the electricity grid, nor can it be considered further consumption of electricity that are connected to a computer one or more devices. " Against this decision, the prosecutor in Bari had appealed to the Supreme Court. The Supreme Court, upholding the appeal, has ordered a retrial for the defendant, noting that "the art. 314 of the Penal Code, as well as protecting the assets of the government, also aims to ensure the smooth running of the offices of the same based on a relationship of trust and loyalty with employees, "so the story must be reviewed because the Court review it for granted that a particular is nothing in the documents, that the computer was permanently connected to the mains and telephone so that fixed costs for the government independent of surfing the internet. The Court must also give reasons if there is a danger of re-offending, given the fact that they were found on the appliance in question and on the external drive as many as 10,000 files, of which only a very small part of nature pertaining to the role.
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