Judgment No. 38867 of 2024: Mistake Regarding Lawfulness of Conduct and Criminal Liability

Judgment No. 38867 of October 4, 2024, issued by the Court of Cassation, addresses a crucial issue concerning mistake regarding the lawfulness of conduct in relation to the offenses provided for by Article 681 of the Italian Penal Code. In particular, the court ruled that a mistake made by an individual who, acting in violation of directives issued by the authorities, relies on opinions not originating from official sources is not excusable. This decision has significant implications for the criminal liability of managers of public venues and for public safety.

Context of the Judgment

The case concerned the manager of a theater who, following instructions provided by the head of a security agency, had kept an emergency exit closed during a crowded performance. This behavior violated regulatory provisions concerning the safety of public spaces, which require emergency exits to be open in case of emergency. The Court emphasized that a mistake regarding the lawfulness of one's conduct cannot be justified based on private opinions, unless supported by competent authorities.

Analysis of the Maxim and Legal Implications

Art. 681 of the Italian Penal Code - Mistake regarding the lawfulness of conduct determined by a private opinion - Excusable relevance - Exclusion - Case. Regarding the subjective element of the offense provided for by Article 681 of the Penal Code, a mistake regarding the lawfulness of conduct that fails to comply with directives issued by the authority for the protection of public safety is not excusable, where the agent acted based on an opinion not originating from the administrative or judicial authority. (Case concerning the manager of a theater who, based on instructions provided by the head of the agency responsible for security within the venue, had kept the emergency exit closed while a performance attended by six hundred people was underway, thus violating directives issued by the Authority regarding the necessary opening of an escape route).

This maxim highlights the importance of complying with safety regulations and instructions provided by competent authorities. The principle of legality is fundamental in criminal law, and criminal liability cannot be evaded on subjective grounds or through misinterpretations of norms. The Court, also referencing previous case law, reiterated that only instructions provided by administrative or judicial authorities can legitimize a mistake regarding the lawfulness of conduct.

Conclusions

Judgment No. 38867 of 2024 represents an important precedent for Italian criminal law, emphasizing the need for strict adherence to public safety regulations. Managers of venues open to the public must be aware that relying on unofficial opinions does not exempt them from liability in case of violations. In an era where safety is a priority, this decision prompts reflection on the importance of following the directives of competent authorities to ensure the protection of public safety.