L'imputazione soggettiva della responsabilità penale da infortunio sul lavoro e da malattia professionale

The work aims to give an overview on the evolution of the labor criminal law of the past few years, trying to bring out the profiles of heightened tension between the discipline and the principles that govern the guarantee freedoms of citizens in the face of punitive power state. In particular, special attention to the complex issue of the relationship between the offense, which is not possible without a personal responsibility, and the organizational phenomenon, which naturally tends to spread and to confuse the individual contributions to the management of the collective process, is dedicated. Overall, the thesis consists of an introduction and four chapters. In the introduction, the profiles of tension that inherently mark criminal liability from accidents at work or occupational disease compared to the main principles of guarantees, are reveled. The first chapter is dedicated to providing an overview of the various criminal cases that come into play in this field, always by pointing out the problematic issues and the difficulty of reconciling the principle of individual criminal responsibility. In the second chapter we analyze instead the various figures responsible for the fulfillment of the obligations of the Company within the preventative, as required by TU 81/2008. The third chapter, instead, gets to the heart of greater complexity of the matter, that the manner in which the internal organization of the companies has an effect on the distribution of criminal liability borne by the employer and its managers. It is thus particularly important in the establishment of the delegation of functions that, after decades of case-processing, has now found the definitive consecration legislation at the art. 16 of TU 81/2008. Finally, the fourth and final chapter is devoted to the discipline of accountability for crimes of companies pursuant to Legislative Decree no. 231/2001, and in particular to its application in the field of accident prevention after the legislative action of 2007, which has typed the liability of entities even compared to the types of injuries and homicide by negligent violation of the safety regulations.