The essay analyses the issue of corporate criminal liability with respect to road traffic manslaughter or serious or very serious bodily harm committed by an employee of or an independent contractor for a corporation. Based on the assumption that currently there is no such responsibility with respect to the offences of manslaughter and bodily injuries committed in violation of road traffic regulations, we define the legal framework of the issue, both iure condito and de lege ferenda, also in consideration of the broad notion of norms for the prevention of work-related accidents and professional illness that the courts seem to have accepted and of the ‘ancipital’ character of some norms, which seem to have a two-fold preventive value. Finally, we will trace what we consider being the outline of a legislative intervention to introduce corporate liability for road traffic manslaughter or bodily injuries.
Preziosi, S. (2019). Infortuni sul lavoro e sinistri stradali: due aree a tratti contigue al cospetto della responsabilità da reato degli enti. RIVISTA TRIMESTRALE DI DIRITTO PENALE DELL'ECONOMIA(3/4), 676-698.
Infortuni sul lavoro e sinistri stradali: due aree a tratti contigue al cospetto della responsabilità da reato degli enti
Preziosi, S
2019-01-01
Abstract
The essay analyses the issue of corporate criminal liability with respect to road traffic manslaughter or serious or very serious bodily harm committed by an employee of or an independent contractor for a corporation. Based on the assumption that currently there is no such responsibility with respect to the offences of manslaughter and bodily injuries committed in violation of road traffic regulations, we define the legal framework of the issue, both iure condito and de lege ferenda, also in consideration of the broad notion of norms for the prevention of work-related accidents and professional illness that the courts seem to have accepted and of the ‘ancipital’ character of some norms, which seem to have a two-fold preventive value. Finally, we will trace what we consider being the outline of a legislative intervention to introduce corporate liability for road traffic manslaughter or bodily injuries.File | Dimensione | Formato | |
---|---|---|---|
Estratto - Infortuni sul lavoro e sinistri stradali.pdf
solo utenti autorizzati
Licenza:
Non specificato
Dimensione
232.12 kB
Formato
Adobe PDF
|
232.12 kB | Adobe PDF | Visualizza/Apri Richiedi una copia |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.