Given the reference to the fundamental notions of general theory of crime, the course aims to provide advanced knowledge of obligations and penal sanctions in the field of hygiene and safety of the workplace pursuant to Legislative Decree No 81/2008, with regard to both position of the individual subjects (employer, managers, supervisors, those in charge of prevention and protection system, qualified physician, workers' representatives for safety, workers, client or project supervisor, coordinators for the planning or execution of the works), even in the case of a contract or works in temporary or mobile construction sites, and to the amministrative liability of legal entities pursuant to Legislative Decree No 231/2001, after examining the most recent jurisprudential guidelines on the matter.
As for individual positions, the purpose is to analyze the criteria for the objective and subjective imputation of accident offenses, both contraventional and criminal, with particular regard to manslaughter and culpable personal injury, focusing on the assessment of the guarantee positions, of the casual link and guilt, also in relation to the meaning of art. 2087 of the Italian Civil Code, as well as on the conditions for cooperation in the culpable crime, in light of the validity and effectiveness requirements of the delegation of functions and the limits of the principle of expectation or of the distinctions between senior and subordinate subjects, guarantee and surveillance obligations, operational and organizational control (or "high supervision"), culpa in eligendo and culpa in vigilando.
As for the collective body, having examined the imputation referred to in Legislative Decree No 231/2001, the aim is to deepen the techniques for drafting the organizational models, the criteria for assessing the relevant eligibility requirements and effective implementation in relationship to accident prevention obligations and to the various control tools (certifications, quality systems, risk assessment documents, etc.) as well as the methods of composition and functioning of the supervisory body.
With the successful learning of the aforementioned notions, the course therefore aims to ensure the acquisition of the necessary tools to hold managerial positions or in any case take responsibility for safety in the company or to carry out consulting activities, assistance or even representation or defence in court against the possible contestation of accident offenses to natural or legal persons.
As for individual positions, the purpose is to analyze the criteria for the objective and subjective imputation of accident offenses, both contraventional and criminal, with particular regard to manslaughter and culpable personal injury, focusing on the assessment of the guarantee positions, of the casual link and guilt, also in relation to the meaning of art. 2087 of the Italian Civil Code, as well as on the conditions for cooperation in the culpable crime, in light of the validity and effectiveness requirements of the delegation of functions and the limits of the principle of expectation or of the distinctions between senior and subordinate subjects, guarantee and surveillance obligations, operational and organizational control (or "high supervision"), culpa in eligendo and culpa in vigilando.
As for the collective body, having examined the imputation referred to in Legislative Decree No 231/2001, the aim is to deepen the techniques for drafting the organizational models, the criteria for assessing the relevant eligibility requirements and effective implementation in relationship to accident prevention obligations and to the various control tools (certifications, quality systems, risk assessment documents, etc.) as well as the methods of composition and functioning of the supervisory body.
With the successful learning of the aforementioned notions, the course therefore aims to ensure the acquisition of the necessary tools to hold managerial positions or in any case take responsibility for safety in the company or to carry out consulting activities, assistance or even representation or defence in court against the possible contestation of accident offenses to natural or legal persons.
Curriculum
teacher profile teaching materials
In the first part, given the reference to the fundamental notions of general theory of crime, obligations and penal sanctions are analyzed in the field of hygiene and safety of the workplace pursuant to Legislative Decree No 81/2008 with regard to the position of individual subjects (employer, managers, supervisors, those in charge of prevention and protection system, qualified physician, workers' representatives for safety, workers, client or project supervisor, coordinators for the planning or execution of the works) taking into account the conditions of validity and effectiveness of the delegation (or subdelegation) of functions.
The second part, given the distinction between contraventional and criminal accident offences, is dedicated to the analysis of the cases of manslaughter and culpable personal injury, with specific regard to the delimitation of the guarantee positions, the criteria for ascertaining the casual connection and guilt, also in relation to the meaning of art. 2087 of the Italian Civil Code, and the definition of the conditions for cooperation in the culpable crime, in the light of the distinctions of impediment obligations and obligations of surveillance, operational and organizational control (or "high supervision"), culpa in eligendo and culpa in vigilando.
The third part of the course concerns the structure and penalties of the administrative offense of the entity dependent on accidents at work and extends to the analysis of the possible techniques for drafting the organizational models, the criteria for assessing the related eligibility requirements and effective implementation in relation to accident prevention obligations and to various control tools (certifications, quality systems, risk assessment documents, etc.), as well as the repercussions on the composition and functioning of the supervisory body.
In the final session, after assessing the interference between the position of the employer and that of the body, possible forms and possible remedies of the process of verticalization or objectification of the judgment of criminal liability for accidents at work will be analyzed, in relation to the constitutional principle of personality.
During the lessons, further sources of in-depth analysis (judgments, comments, journal articles, etc.) on issues of particular interest or relevancy may be indicated.
Mutuazione: 20110291 Diritto penale del lavoro in GIURISPRUDENZA LMG/01 PIVA DANIELE
Programme
The course focuses on the study of individual and corporate responsibilities in relation to accident offenses, in the light of the most advanced contestation techniques and the most recent jurisprudential guidelines.In the first part, given the reference to the fundamental notions of general theory of crime, obligations and penal sanctions are analyzed in the field of hygiene and safety of the workplace pursuant to Legislative Decree No 81/2008 with regard to the position of individual subjects (employer, managers, supervisors, those in charge of prevention and protection system, qualified physician, workers' representatives for safety, workers, client or project supervisor, coordinators for the planning or execution of the works) taking into account the conditions of validity and effectiveness of the delegation (or subdelegation) of functions.
The second part, given the distinction between contraventional and criminal accident offences, is dedicated to the analysis of the cases of manslaughter and culpable personal injury, with specific regard to the delimitation of the guarantee positions, the criteria for ascertaining the casual connection and guilt, also in relation to the meaning of art. 2087 of the Italian Civil Code, and the definition of the conditions for cooperation in the culpable crime, in the light of the distinctions of impediment obligations and obligations of surveillance, operational and organizational control (or "high supervision"), culpa in eligendo and culpa in vigilando.
The third part of the course concerns the structure and penalties of the administrative offense of the entity dependent on accidents at work and extends to the analysis of the possible techniques for drafting the organizational models, the criteria for assessing the related eligibility requirements and effective implementation in relation to accident prevention obligations and to various control tools (certifications, quality systems, risk assessment documents, etc.), as well as the repercussions on the composition and functioning of the supervisory body.
In the final session, after assessing the interference between the position of the employer and that of the body, possible forms and possible remedies of the process of verticalization or objectification of the judgment of criminal liability for accidents at work will be analyzed, in relation to the constitutional principle of personality.
Core Documentation
Blaiotta, Diritto penale e sicurezza del lavoro, Giappichelli, Torino, 2020.During the lessons, further sources of in-depth analysis (judgments, comments, journal articles, etc.) on issues of particular interest or relevancy may be indicated.
teacher profile teaching materials
In the first part, given the reference to the fundamental notions of general theory of crime, obligations and penal sanctions are analyzed in the field of hygiene and safety of the workplace pursuant to Legislative Decree No 81/2008 with regard to the position of individual subjects (employer, managers, supervisors, those in charge of prevention and protection system, qualified physician, workers' representatives for safety, workers, client or project supervisor, coordinators for the planning or execution of the works) taking into account the conditions of validity and effectiveness of the delegation (or subdelegation) of functions.
The second part, given the distinction between contraventional and criminal accident offences, is dedicated to the analysis of the cases of manslaughter and culpable personal injury, with specific regard to the delimitation of the guarantee positions, the criteria for ascertaining the casual connection and guilt, also in relation to the meaning of art. 2087 of the Italian Civil Code, and the definition of the conditions for cooperation in the culpable crime, in the light of the distinctions of impediment obligations and obligations of surveillance, operational and organizational control (or "high supervision"), culpa in eligendo and culpa in vigilando.
The third part of the course concerns the structure and penalties of the administrative offense of the entity dependent on accidents at work and extends to the analysis of the possible techniques for drafting the organizational models, the criteria for assessing the related eligibility requirements and effective implementation in relation to accident prevention obligations and to various control tools (certifications, quality systems, risk assessment documents, etc.), as well as the repercussions on the composition and functioning of the supervisory body.
In the final session, after assessing the interference between the position of the employer and that of the body, possible forms and possible remedies of the process of verticalization or objectification of the judgment of criminal liability for accidents at work will be analyzed, in relation to the constitutional principle of personality.
During the lessons, further sources of in-depth analysis (judgments, comments, journal articles, etc.) on issues of particular interest or relevancy may be indicated.
Mutuazione: 20110291 Diritto penale del lavoro in GIURISPRUDENZA LMG/01 PIVA DANIELE
Programme
The course focuses on the study of individual and corporate responsibilities in relation to accident offenses, in the light of the most advanced contestation techniques and the most recent jurisprudential guidelines.In the first part, given the reference to the fundamental notions of general theory of crime, obligations and penal sanctions are analyzed in the field of hygiene and safety of the workplace pursuant to Legislative Decree No 81/2008 with regard to the position of individual subjects (employer, managers, supervisors, those in charge of prevention and protection system, qualified physician, workers' representatives for safety, workers, client or project supervisor, coordinators for the planning or execution of the works) taking into account the conditions of validity and effectiveness of the delegation (or subdelegation) of functions.
The second part, given the distinction between contraventional and criminal accident offences, is dedicated to the analysis of the cases of manslaughter and culpable personal injury, with specific regard to the delimitation of the guarantee positions, the criteria for ascertaining the casual connection and guilt, also in relation to the meaning of art. 2087 of the Italian Civil Code, and the definition of the conditions for cooperation in the culpable crime, in the light of the distinctions of impediment obligations and obligations of surveillance, operational and organizational control (or "high supervision"), culpa in eligendo and culpa in vigilando.
The third part of the course concerns the structure and penalties of the administrative offense of the entity dependent on accidents at work and extends to the analysis of the possible techniques for drafting the organizational models, the criteria for assessing the related eligibility requirements and effective implementation in relation to accident prevention obligations and to various control tools (certifications, quality systems, risk assessment documents, etc.), as well as the repercussions on the composition and functioning of the supervisory body.
In the final session, after assessing the interference between the position of the employer and that of the body, possible forms and possible remedies of the process of verticalization or objectification of the judgment of criminal liability for accidents at work will be analyzed, in relation to the constitutional principle of personality.
Core Documentation
Blaiotta, Diritto penale e sicurezza del lavoro, Giappichelli, Torino, 2020.During the lessons, further sources of in-depth analysis (judgments, comments, journal articles, etc.) on issues of particular interest or relevancy may be indicated.