Analysis of Judgment No. 21704 of 2023: Corporate Criminal Liability and Organizational Fault
The recent judgment No. 21704 of March 28, 2023, filed on May 22, 2023, offers an important reflection on the criminal liability of legal entities, particularly companies, in light of Italian legislation and the provisions of Legislative Decree No. 231 of 2001. The Court of Cassation, presided over by Judge F. M. Ciampi and rapporteur G. Cappello, examined the case of S. S. S. R. L., confirming the entity's liability for manslaughter related to violations of occupational safety regulations. This article aims to analyze the implications of this judgment and its significance in the field of corporate liability.
Regulatory Context and Relevance of Organizational Fault
The judgment emphasizes that, to establish corporate criminal liability, it is not enough to demonstrate the absence or inadequacy of organizational models, nor their ineffective implementation. Proof of so-called "organizational fault" is required, a concept distinct from the individual fault of the perpetrators of the crime. In this context, the Court clarified that the absence of adequate safety measures, as in the case examined, can lead to serious consequences. The decision falls within the regulatory framework of Legislative Decree 231/2001, which governs the administrative liability of legal entities.
Corporate criminal liability - Organizational model - Failure to adopt or ineffective implementation - Insufficiency - Organizational fault - Necessity - Case law. For the purpose of establishing corporate criminal liability, the absence or inadequacy of specific organizational models or their ineffective implementation are not sufficient "ex se"; proof of "organizational fault" is necessary, which characterizes the typicality of the administrative offense and is distinct from the fault of the perpetrators of the crime. (Case law concerning manslaughter due to violation of occupational safety regulations, in which the Court found no grounds for appeal in the affirmation of the entity's liability for the omission of adequate organizational safety and control measures to prevent, in the workplace, hydrogen sulfide leaks arising from the processing of mixed glass from urban waste collection, given that only one work unit was scheduled to be present during night hours, even for emergencies, instead of a team equipped to work safely in critical conditions).
Practical Implications of the Judgment
The practical implications of the judgment are significant for businesses. Here are some key points:
- Need for an effective organizational model that includes adequate safety measures.
- Companies' responsibility in training personnel on safety regulations.
- Importance of constant supervision on the implementation of protection measures.
The Court, in fact, highlighted how in critical situations, such as the one under dispute, the presence of a team adequately equipped to handle emergencies was essential, rather than a single work unit. This assessment underscores the importance of planning and prevention in the workplace context.
Conclusions
In conclusion, judgment No. 21704 of 2023 represents a significant step forward in defining corporate criminal liability. The need to prove organizational fault clarifies that companies cannot limit themselves to creating organizational models without their effective implementation and monitoring. The judgment offers food for thought for companies, which must pay attention to the structuring of their organizational models and personnel training to prevent risky situations and ensure a safe working environment.
