WORKPLACE ACCIDENTS · MANSLAUGHTER · LABOR EXPLOITATION

Italian Workplace Safety Crimes Defense Lawyer in Milan

Specialist criminal defense for employers, managers, supervisors and RSPP in proceedings for negligent manslaughter and injuries from workplace accidents, D.Lgs. 81/2008 violations, labor exploitation. Confidential consultation within 24 hours.

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Milano Centro Absolute Confidentiality Experience under Leg. Decree 231

The situations we face every day

The Firm assists entrepreneurs and directors daily in contexts of high criticality.

Serious or fatal workplace accident

In case of serious or fatal accident, the employer is automatically registered as a suspect: immediate legal assistance is essential.

Negligent manslaughter from accidents (art. 589 c.p.)

Negligent manslaughter with violation of accident prevention rules is punished from 2 to 7 years imprisonment, with aggravating factors if multiple workers are involved.

Unannounced ITL/ASL inspections

ITL and ASL inspections can lead to immediate business suspension in the presence of serious D.Lgs. 81/2008 violations.

Labor exploitation (art. 603-bis c.p.)

Labor exploitation is punished from 1 to 6 years and has extended to logistics, construction and food delivery: defense must distinguish exploitation cases from mere management irregularities.

How we protect you

Immediate post-accident assistance

Intervention in the hours following the accident: access to the site, evidence collection, assistance during ITL/ASL inspections and technical surveys.

Defense on liability attribution

Analysis of the hierarchical chain (employer, manager, supervisor, worker), function delegations and the worker's abnormal behavior to exclude or reduce employer liability.

Delegation of functions (art. 16 D.Lgs. 81/2008)

A valid delegation (written, accepted, with management and financial autonomy, adequate RSPP) transfers criminal liability to the delegate: defense verifies and documents the validity of delegation.

231 MOG with safety protocols

Drafting or updating the 231 Model with specific protocols under art. 25-septies to prevent entity liability in case of serious or fatal accidents.

The regulatory system on workplace safety operates on three levels: the criminal code (negligent manslaughter and injuries arts. 589-590), D.Lgs. 81/2008 (safety consolidated text, obligations and contraventions) and D.Lgs. 231/2001 art. 25-septies (entity liability). Negligence is always specific negligence for violation of precautionary rules.

Negligent manslaughter and injuries from workplace accidents

Negligent manslaughter with violation of accident prevention rules (art. 589 c.2 c.p.) is punished from 2 to 7 years. Serious or very serious negligent injuries (art. 590 c.3 c.p.) from 3 months to 5 years. Defense analyzes: the guarantee position of the charged party, the concrete enforceability of the required conduct, the causal link between violation and event, the worker's abnormal behavior.

Delegation of functions under art. 16 D.Lgs. 81/2008

For the delegation to produce exculpatory effects, it must be: (1) written with certain date; (2) accepted by the delegate; (3) conferred on a person with adequate expertise; (4) equipped with spending autonomy; (5) adequately publicized. The employer retains the obligation to supervise the delegate (art. 16 c.3), but a valid delegation transfers criminal liability for delegated violations.

Labor exploitation: boundary between exploitation and irregularity

Labor exploitation (art. 603-bis c.p.) requires: (1) recruitment or use of labor; (2) workers' state of need; (3) exploitation conditions (disproportionate pay, excessive hours, degrading conditions). Defense demonstrates absence of at least one constitutive element, distinguishing mere contractual non-compliance from criminally relevant exploitation.

Recent cases successfully resolved

Case A – Fatal accident on construction site

Negligent manslaughter for fatal fall accident. Charged: employer, works director, safety coordinator.

Employer acquitted for worker's abnormal behavior. Director plea bargained with suspended sentence.

Case B – Serious injuries in factory

Serious negligent injuries to three workers for lack of machinery guards. Charge against production manager.

Valid function delegation recognized: employer acquitted. Production manager: plea bargain with probation.

Case C – Labor exploitation in logistics

Art. 603-bis c.p.: use of labor in exploitation conditions in distribution warehouse.

Reclassification to administrative irregularities. Absence of 'state of need' demonstrated. Partial case dismissal.

The Firm's Method

Initial confidential consultation

First meeting within 24 hours: case analysis, risk assessment and defense strategy.

File access and technical analysis

Access to the investigation file, appointment of expert witnesses, in-depth documentary and financial analysis.

Tailored defense strategy

Preparation of defense briefs, precautionary applications, appeals to the Liberty Court or pre-notitia criminis interventions.

Representation at all court levels

Representation at trial, appeal and Supreme Court; parallel management of any 231 proceedings.

Our Team