23 Jan false creation of a Facebook profile and person substitution

The crime of substitution is supplemented by the conduct of the person who creates and uses a 'profile' on a social network by illegally using the image of a completely unaware person, associated with a fancy nickname and negative personal characteristics. The Supreme Court has shown that the description of an unflattering profile on the social network highlights both the purpose of advantage, consisting in facilitating communications and exchanges of content online, be the end of damage for the third party, of which the image is illegally used. The Court ruled out that even the disclosure of a caricature image of the injured person could exclude the existence of the crime, being sufficient, due to the typical nature of the crime referred to in art. 494 c.p., the unlawful substitution of one's own person for another person, by creating and using a false profile Facebook (Cass. 22049/20).