Abusive Practice of a Profession: Commentary on Judgment Cass. pen., Section VI, No. 23929/2014

Judgment No. 23929/2014 of the Court of Cassation addresses a case of abusive practice of the dental profession, highlighting the criminal and civil liabilities associated with such conduct. In this article, we will analyze the main aspects of the decision, the Court's reasoning, and the implications for the rights of the parties involved.

The Legal Context of the Judgment

The Court of Cassation upheld the conviction of M.A. for the abusive practice of the dental profession, pursuant to Article 348 of the Italian Criminal Code (c.p.). This offense protects the public interest that only authorized individuals may practice certain professions requiring specific skills. The Court reiterated that violation of this rule not only exposes the offender to criminal sanctions but can also lead to civil liability towards those who have suffered damages.

The violation of Article 348 c.p. gives rise to civil liability for damages suffered by third parties, even in the absence of direct damage.

Civil Liability and Damages Compensation

A relevant aspect of the judgment concerns the right of the civil party to compensation for damages. The Court recognized that S.V., as a party harmed by the unqualified service provided by M.A., is entitled to compensation. The decision to reduce the provisional amount from 8,000 to 7,000 euros was motivated by the fact that the civil party had already received partial compensation in a parallel civil proceeding. This demonstrates the importance of evaluating the specific circumstances of each case in determining the amount of compensation.

• The right to compensation is recognized even in the absence of direct material damage.
• The Court confirmed the civil liability of the abusive practitioner for the damage suffered by the patient.
• It is possible to reduce the provisional amount based on compensation already received by the civil party.

Conclusions

Judgment No. 23929/2014 of the Court of Cassation represents an important precedent regarding the abusive practice of a profession and civil liability. It emphasizes how the violation of regulations governing the practice of healthcare professions can have serious consequences for the professional, not only on a criminal level but also in terms of compensation. The decision offers food for thought on the protection of patients' rights and the importance of ensuring that only qualified professionals can engage in healthcare activities.