The theme of the research project assigned to the writer regards "The peculiarity of the fact culpable in criminal law of labor. Between general principles concerning fault and new protection requirements”.
The work is basically divided into three parts: the first part concerning the classical concept of guilt in his profiles philosophical, dogmatic and existential; a second, which concerns the introduction of the precautionary principle in our legal and its impact on the classical concept of guilt; a third part, which concerns the reflection of this principle in the specific area of criminal law of work through an excursus both normative jurisprudential.
The present work is, therefore, the deepening of the specific theme consists of the importance of the precautionary principle in contexts that involve variously safety and reflections of the same in the specific area of criminal law of the work with reference to the evolution of the classical concept of criminal guilt.
The research carried out, therefore, in the first phase was concerned with the study of the classical concept of guilt.
Then I analyzed the different conceptions of guilt developed in doctrine and the basic elements of the judgment negligent liability, namely the unwillingness of the fact, the precautionary rules, the c.d. concretization of risk, predictability and avoidance detrimental event and, finally, the enforceability by the party's agent alternative behavior lawful.
In a second step was carried out, then, the study of the c.d. precautionary principle as a criterion of risk management in terms of scientific uncertainty. On the theme, on the one hand, sources, assumptions and fields of application of that principle were analyzed, the other the legitimacy of that under criminal law, identifying the differences between the criminal law of prevention and precaution, from 'more deformations that following the entry of this principle in our system are undergoing causation and guilt criminal with particular reference to the evolution of the concept of predictability of the event.
On the basis of the deepening made you come to the conclusion that this principle, pending the generic prescriptive that characterizes it, is likely to conflict with the character of certainty of the criminal standard and lends itself to play a role as a potential factor in the expansion of the categories of classical criminal law.
It could, in fact, affect two fundamental factors for the configuration of the typical fact: first, on the objective level of causation, exploiting the probabilistic structure and turning it into a "nexus of risk"; secondly on the subjective level of guilt deforming in its more recognizable cognitive risk and predictability of the result.
Finally, the third part of the research project has been directed towards the study of reflexes that the precautionary principle has had in the specific field of criminal law of work through an excursus both normative jurisprudential.
The matter of safety at work, the expected legal interests protected by primary degree, you are, indeed, characterizing a transition from rule to rule precautionary precautionary: that fact marks the release of preventing the event from the conduct conforms to the rule previously identified by placing, consequently, in the crisis the same function garantistic rule precautionary.
In this sector, indeed, one might come to affirm the responsibility culpable of a subject matter a concrete verification about the actual effectiveness of the predictive rule remand in relation to the specific offense to the legal interest protected by the rule, so as to impute the event even where there is only the possibility that the detrimental effects occur, with direct and obvious impact on the subjective level of predictability and avoidance, which are no longer subject to a specific event, but rather a class or kind of events.
Emblematic on the subject, and object of study, some judgments regarding the exposure of workers to asbestos or harmful substances such as vinyl chloride monomer.
In response, in fact, the protection of victims and the needs of substantial justice, we are witnessing an obvious flexibility of the paradigm of guilt and criminal liability from asbestos, offering a rich case law, constitutes a particular field of reflection for what concerns the evolution of the classical dogmatic categories of criminal law for charging the damaging event.
Jurisprudential analysis performed, it seems, indeed, take off a micro-penal system from occupational exposures, where the deconstruction of guilt, through the distortion of the value of the regulatory rule precautionary determines an instance of absolute protection of the victim, with a corresponding load iperdeterrece for the author, called to bear risks criminal gravitating outside its sphere of recognition
