Acquittal of road transport entrepreneurs – Court of Novara

With its judgment of February 27, 2018, the Court of Novara fully acquitted a group of entrepreneurs operating in the international road transport and logistics sector, who were accused of serious crimes under criminal labor law.

The decision concerned particularly significant charges, including:

• aggravated contractual extortion (Article 629 of the Criminal Code);
• ill-treatment of foreign workers (Article 572 of the Criminal Code);
• illicit intermediation and exploitation of labor (Article 603-bis of the Criminal Code);
• ideological and material falsehood in public acts (Articles 477-479 of the Criminal Code);
• violations of the rules on transnational secondment and the employment of labor through formally autonomous foreign companies.

THE OUTCOME OF THE TRIAL: FULL ACQUITTAL AND STATUTE OF LIMITATIONS

The Court acquitted the defendants with the formula

because the fact does not exist

in relation to the most serious crimes (extortion and ill-treatment), and declared the remaining alleged crimes, including illicit intermediation and documentary falsehoods, to be time-barred, as no criminally relevant conduct emerged.

THE LEGAL PRINCIPLES AFFIRMED IN THE JUDGMENT

1. No contractual coercion on the worker

The judge excluded the existence of extortionate conduct, stating that the workers' adherence to the contracts was not vitiated by violence or threat, but was the result of negotiating dynamics within the labor market. There was no proof of the instrumental use of the employer's position to compress contractual freedom.

2. Working conditions do not constitute criminal ill-treatment

The presence of difficult conditions, strenuous shifts, or modest compensation is not sufficient to constitute the crime of ill-treatment. A systematic and voluntary conduct of oppression is required, harming the dignity and psychophysical integrity of the employee, elements that were not proven in this case.

3. International secondment and the use of foreign companies do not automatically constitute a crime

The judgment states that the use of foreign companies to provide labor is not unlawful in itself. In the absence of proof regarding the fictitious nature of the companies involved and the absence of entrepreneurial autonomy, there can be no talk of illicit intermediation or exploitation.

4. Administrative violations and formal irregularities are not sufficient to establish criminal liability

The Court reiterated the principle that not every violation of labor law translates into a crime. Criminal liability requires specific intent and concrete harm to the constitutionally guaranteed rights of the worker.

A SIGNIFICANT DECISION FOR CRIMINAL LABOR LAW

The judgment of the Court of Novara represents a milestone for the transport and logistics sector, clarifying that:

• the lawful use of foreign labor, even through related companies, is not automatically criminal;
• the entrepreneur cannot be convicted of labor crimes without full proof of intent and systematic abuse;
• the balance between production needs and legal protections must be rigorously evaluated, avoiding generalized punitive drifts.