Diritto penale e Covid-19: le responsabilità della persona fisica e quelle della persona giuridica
Abstract
The present
article concerns the legislative acts introduced to face the still-ongoing epidemiologic
emergency caused by the spread of the SARS-CoV-2 virus (better known as
"Covid-19”).The
legislative intervention does not only aim to safeguard the public health, also
with important impact on the individual rights (freedom to move, first of all),
but also to grant the prosecution of entrepreneurial activities, which would be
seriously wounded otherwise.As far as the
safeguard of the public health is concerned, the legislative framework is given
by Law Decree 19/2020 and by Law Decree 33/2020, which set up a range of
punishments which varies on the seriousness of the wound caused to the
protected legal interest, following the crescendo scheme (i) administrative
illicit; (ii) offence; (iii) crime.For what
concerns the measures to ensure the safe prosecution of the activities, the
intention is to prevent a triple risk: the sanitary risk, the risk of criminal
infiltration and the risk on commission of crimes against the Public
Administration or against the economy.The prevention
of the sanitary risk gives the employer the burden to evaluate the Covid-19
risk in his/her activity and simultaneously to implement some measure of
control – provided by ad hoc Protocols – which most likely will have to flow
into an addendum of the Risk Assessment Document. Such an activity is required
by the fact that Covid-19 can be qualified as a work-related injury, with all
the consequences on the personal liability of the employer and on the criminal
liability of the entity for facts of personal injury or manslaughter caused by
the violation of the Occupational Safety Law (Articles 589, comma 3 and 590,
comma 2 Criminal Code and Article 25-septies Legislative Decree 231/2001).The prevention
of the risk of criminal infiltration, on the other hand, requires the evaluation
of some index of anomaly behind of which may be sheltered the commission of
crimes, which may – as a consequence – ground the criminal liability of the
entity pursuant to Legislative Decree 231/2001, such as corporate crimes or
money-laundering.The prevention
of crimes against the Public Administration needs particular focus on the
procedures for the allowance of economic aids, while crimes against industry
and commerce might be hidden in the commercialization of personal protective
equipment, considered at the stake of basic necessities.Lastly, the
central role played in the context of the epidemiologic emergency by
Supervisory Bodies is analyzed, with particular focus on the necessity to
improve the flow of information system in order to preserve the robustness of
the "231 System”.
Chiudi [X]
Acquista l'articolo
Inserisci i tuoi dati affinché un funzionario di Giuffrè possa contattarti per perfezionare i termini dell’acquisto