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    Corporate Criminal Liability (Legislative Decree 231/2001)

    Article 25-septies of Legislative Decree 231/2001 provides for entity liability for the offences of negligent manslaughter committed in violation of health and safety regulations (Art. 589 Criminal Code) and serious or very serious negligent personal injury resulting from violation of occupational safety regulations (Art. 590 Criminal Code). Entity liability arises when the offence was committed in the interest or to the advantage of the company.

    Entity liability for workplace accidents (Art. 25-septies Legislative Decree 231/2001)

    Article 25-septies of Legislative Decree 231/2001 provides for entity liability for the offences of negligent manslaughter committed in violation of health and safety regulations (Art. 589 Criminal Code) and serious or very serious negligent personal injury resulting from violation of occupational safety regulations (Art. 590 Criminal Code). Entity liability arises when the offence was committed in the interest or to the advantage of the company.

    Sanctions and measures

    • Pecuniary sanctions, potentially very high
    • Interdictory measures, such as prohibition on exercising the activity or contracting with the PA
    • Suspension or revocation of authorisations, licences or concessions
    • Exclusion from benefits, funding and public grants

    Exonerating organisational models

    The legislation provides that the entity may be exempt from liability if it demonstrates that it has adopted and effectively implemented organisational and management models suitable for preventing the commission of offences, in accordance with Articles 6 and 7 of Legislative Decree 231/2001.

    Competenze correlate

    Bancarotta e Reati della Crisi d'ImpresaReati TributariReati PrevidenzialiResponsabilità Amministrativa degli Enti – D.Lgs. 231/2001Reati Societari, Finanziari e di MercatoRiciclaggio e Reati Economico Patrimoniali

    Approfondimenti correlati

    Commenti e novità giuridicheAppalto di manodopera falso: quando le fatture diventano reato tributarioEstradizioni e Mandati di ArrestoMandato di arresto europeo (MAE): radicamento in Italia e rifiuto della consegnaRiciclaggio e Reati Economico PatrimonialiConfisca a metà: la Cassazione boccia la doppia motivazione su profitto e sproporzione

    Frequently asked questions about Labour and Workplace Safety Crimes

    What are the main labour and workplace safety crimes?
    The main offences include negligent manslaughter and negligent personal injury aggravated by violation of occupational safety regulations (Arts. 589-590 Criminal Code), illicit intermediation and labour exploitation (Art. 603-bis Criminal Code), irregular employment and contribution and tax omissions related to employment management.
    What is the offence of gangmastering (Art. 603-bis Criminal Code)?
    Gangmastering punishes both those who recruit labour for the purpose of assigning workers to exploitative conditions and those who directly employ workers under exploitative conditions, taking advantage of their state of need. The penalty ranges from one to six years' imprisonment, with a fine per worker involved and mandatory confiscation of assets.
    Can workplace accidents entail entity liability under Legislative Decree 231/2001?
    Yes, Article 25-septies of Legislative Decree 231/2001 provides for entity liability for negligent manslaughter and serious or very serious negligent personal injury resulting from violation of occupational safety regulations. The entity may be subject to pecuniary and interdictory sanctions, but may be exempt from liability if it demonstrates that it adopted and effectively implemented a suitable organisational model (MOG 231).
    How is criminal liability apportioned between the employer, manager and supervisor?
    Criminal liability for workplace accidents is apportioned according to hierarchical role and delegations actually conferred. The employer has non-delegable obligations (risk assessment, appointment of the safety officer). The manager is liable for areas within their competence. The supervisor is liable for operational control in the immediate working environment. The defence reconstructs the chain of delegations and verifies the effective transfer of powers, obligations and resources necessary to discharge safety duties.
    What specific safety obligations fall on the employer under Legislative Decree 81/2008?
    Legislative Decree 81/2008 requires the employer to assess all risks (DVR), appoint a health and safety officer (RSPP), train and inform workers, provide personal protective equipment, and adapt the workplace to technical standards. Failure to comply with or delay in meeting these obligations constitutes the objective precondition of criminal liability for workplace accidents.

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