On 15 September 2026, Legislative Decree No. 160 of 9 September 2026 (the “Decree”) was published. The Decree, which governs the use of artificial intelligence (“AI”) systems in policing activities, including aspects relating to remote biometric identification and facial recognition, will enter into force on 30 September 2026.
The Decree introduces new criminal and procedural provisions concerning the unlawful use of AI.
Entities and companies will need to pay particular attention, as the Decree also amends Legislative Decree No. 231 of 8 June 2001 (“Legislative Decree 231/2001”), introducing a new criminal offence concerning the security of AI systems and expanding the list of predicate offences giving rise to the liability of entities.
New Article 437-bis of the Italian Criminal Code, concerning the “Failure to adopt security measures for artificial intelligence systems and unlawful alteration of systems”, punishes:
As regards Legislative Decree 231/2001, new Article 25-vicies provides for the liability of entities for the above-mentioned offence, with pecuniary sanctions of up to €1,549,000, in addition to disqualifying sanctions.
The offence under Article 612-quater of the Italian Criminal Code (introduced in 2025) will also become punishable (as a predicate offence) under Legislative Decree 231/2001. This provision applies to anyone who causes unjust harm to a person by transferring, publishing or disseminating, without that person’s consent, images, videos or voices that have been falsified or altered through the use of AI systems and are capable of misleading others as to their authenticity. In this case, the pecuniary sanction may amount to approximately €1,000,000, again in addition to disqualifying sanctions.
From an application standpoint, it should be noted that the Decree does not make the application of the new criminal offences or of the administrative liability of entities contingent upon completion of the transitional regime under Regulation (EU) 2024/1689 (the “AI Act”) concerning high-risk systems. The new provisions will therefore apply as of 30 September 2026. This is particularly relevant in light of the recent Regulation (EU) 2026/1744 (“Digital Omnibus on AI”), which entered into force on 27 July 2026 and postponed the application of the substantive provisions of the AI Act concerning risk management and human oversight to 2 December 2027 for “stand-alone” high-risk systems referred to in Annex III, and to 2 August 2028 for high-risk systems embedded in products referred to in Annex I. Companies will therefore need to monitor developments in the interpretation of this temporal misalignment between the applicability of the new Italian offences and the full enforceability of the substantive European obligations which, in practice, constitute the reference framework for those offences.
The impact on Legislative Decree 231/2001 requires entities, particularly those that develop, place on the market or use AI systems classified as “high-risk”, to verify whether their respective organisational, management and control models adequately address the processes relating to the development, implementation, maintenance and use of AI systems, with particular regard to the technical security and human oversight measures required under the AI Act.
Beyond the strictly sanction-related aspects, the new legislation confirms the urgency for companies that develop or use AI systems (particularly in the sensitive sectors identified in Annex III to the AI Act, such as HR, credit scoring, insurance and education) to establish robust and documented AI governance measures, including the mapping of AI systems in use and their respective risk classification, qualified and traceable human oversight procedures, management of technical documentation, and targeted training for the personnel involved.
Furthermore, every entity and company that has adopted an organisational model pursuant to Legislative Decree 231/2001 should conduct an assessment, starting with the business processes that use AI and, in particular, those involving the design, acquisition, configuration or use of AI systems that may be classified as high-risk, verifying the existence and adequacy of specific protocols concerning system security, human oversight and risk management.
An AI compliance framework established in advance of the full applicability of the AI Act represents not only a regulatory requirement, but also the most effective preventive measure against the criminal and 231-related risks introduced by the Decree.
> ^ Pursuant to Article 437-bis of the Italian Criminal Code: “Anyone who fails to adopt the technical security measures required for the design, training, production or placing on the market of high-risk artificial intelligence systems, suitable to prevent malfunctions or alterations in the operation of such systems, or fails to adopt human oversight measures, shall be punished by imprisonment for a term of one to five years where such omissions give rise to a danger to life or to public or individual safety. Where the act gives rise to a danger to national security, the penalty shall be imprisonment for a term of two to eight years. Unless the act constitutes a more serious offence, anyone who, outside the cases referred to in the first paragraph, unlawfully alters high-risk artificial intelligence systems shall, where the act gives rise to a danger to life or to public or individual safety, be punished by imprisonment for a term of two to six years. Where the act gives rise to a danger to national security, the penalty shall be imprisonment for a term of three to ten years. Where any of the acts referred to in the first paragraph is committed through gross negligence, the penalty shall be reduced by one-third to one-sixth. A professional user of high-risk artificial intelligence systems who intentionally fails to adopt human oversight measures shall be punished by the penalties provided for in the first paragraph, first and second sentences, where such omission gives rise, respectively, to a danger to life or to public or individual safety, or to a danger to national security.”
> ^ In very brief terms, high-risk AI systems are: (i) those used as safety components of certain products, including, for example, toys, recreational craft, lifts, protective systems intended for use in potentially explosive atmospheres, radio equipment, etc. (Article 6(1) and Annex I to the so-called AI Act); and (ii) those that pose significant risks to health, safety or fundamental rights in certain sensitive areas, including, for example, biometrics, critical infrastructure, education, worker management, essential public services, etc. (Article 6(2) and Annex III to the so-called AI Act).
