Legal notice on mobile jammers

The gsm signal jammer (JAMMER) is products capable of eliminating the cellular signal, in the range that goes from a few meters to about a kilometer, in some cases causing real inconvenience for anyone who happens to be within its range. Precisely for this reason they are products considered ILLEGAL in our country as in many others in the European community.

Response of the EU Commission to the EU Parliamentary Question E-2651/02 (Cell phone deactivation systems).

Reply from Commissioner Liikanen on behalf of the EU Commission (31 October 2002)

Research carried out by the Commission indicates that it is currently not allowed in the Member States to block the reception and transmission of GSM signals. Although France has adopted a law that prepares the ground for the use of inactivation systems, there are still no technical implementing regulations that allow the legal use of such devices (mobile phone jammer). The Commission is aware that inactivation systems are currently commercially available, in particular via the Internet.

12 Antennas Signal Jammer
Such products are illegal and Member States are therefore required to take measures in this regard pursuant to the provisions of Council Directive 89/336 / EEC of 3 May 1989 for the approximation of the laws of the Member States relating to electromagnetic compatibility or Directive 1999 / 5 / EC of the European Parliament and of the Council of 9 March 1999 concerning radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, withdrawing them from the market. As the answer to Written Question P-2753/02 by Mr Caullery indicates, the Commission does not believe that inactivation is the right solution to the issue of inappropriate use of mobile phones. The Commission therefore does not intend to submit legislative proposals aimed at legalizing the use of inactivation systems.

In ITALY, those who use these products can interrupt a public service such as that of telephone transmission and therefore punishable by criminal law:

340 of the Criminal Code:
Interruption of an office or public service or a service of public need.
Anyone who, apart from the cases provided for by particular legal provisions, causes an interruption or disturbs the regularity of a public office or service or a service of public necessity, is punished with imprisonment for up to one year. The leaders, promoters or organizers are punished with imprisonment from one to five years.

617 of the Criminal Code:
Knowledge of illegal interruption or impediment of telegraphic or telephone communications or conversations.
Anyone who fraudulently becomes aware of a communication or conversation, telephone or telegraphic, between other people or in any case not directed to him, or interrupts or prevents them, is punished with imprisonment from six months to four years. Unless the fact constitutes a more serious crime, the same penalty applies to anyone who discloses, by any means of information to the public, in whole or in part, the content of the communications or conversations indicated in the first part of this article.
Crimes are punishable upon complaint by the injured party; however, the procedure is ex officio and the penalty is imprisonment from one to five years if the offense is committed to the detriment of a public official or a person in charge of a public service in the exercise or because of the functions or service, or by a public officer or a person in charge of a public service with abuse of powers or with violation of the duties inherent to the function or service, or by whoever exercises the profession of private investigator even illegally.
Article thus replaced by article 2 of l. 8/4/1974 n. 98.

617 bis:
Installation of equipment designed to intercept or prevent telegraphic or telephone communications or conversations.
Anyone who, outside the cases permitted by law, installs equipment, tools, parts of equipment or instruments in order to intercept or prevent telegraphic or telephone communications or conversations between other people is punished with imprisonment from one to four years.
The penalty is imprisonment from one to five years if the offense is committed to the detriment of a public official in the exercise or because of his functions or by a public official or a person in charge of a public service with abuse of powers or violation of duties inherent to the function or service or by whoever exercises the profession of private investigator even illegally.

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