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”.

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Autori

👤  Luca Troyer