The occurrence of a structural collapse is a dramatic event that immediately triggers complex investigations by the Public Prosecutor's Office. Receiving a notice of investigation for negligent collapse or negligent disaster is a moment of great disorientation for professionals and entrepreneurs in the construction sector. In these delicate circumstances, the timely support of a criminal lawyer in Milan becomes fundamental to understand the scope of the accusation and protect one's position from the very first stages of the preliminary investigation.
The Crime of Negligent Collapse: Regulatory Context
In our legal system, the crime of collapse of buildings or other intentional disasters is governed by Article 434 of the Criminal Code, while the negligent hypothesis is based on Article 449. Negligent collapse occurs when the disastrous event is not intentionally willed, but occurs due to negligence, imprudence, lack of skill, or for non-compliance with laws, regulations, orders, or disciplines. The investigations by the judicial authority tend to reconstruct the chain of responsibilities backward, typically involving all technical and operational figures who participated in the design, construction, or maintenance of the work.
The Figures Involved: Designer, Site Manager, and Company
The judiciary investigates meticulously to identify the triggering cause of the structural failure. The designer may be held criminally liable for any calculation errors, omissions, or for design choices deemed inadequate with respect to current technical regulations. The site manager, holding a position of guarantee towards public safety, is frequently investigated for failure to supervise the correct execution of the works in accordance with the approved design. Finally, the executing company and its legal representatives may be involved for construction defects, use of non-compliant or substandard materials, or for failure to comply with the technical directives issued.
The Approach of Studio Legale Bianucci in Collapse Investigations
Facing an accusation for crimes of this nature and gravity requires profound legal and technical expertise. The approach of Avv. Marco Bianucci, as an expert criminal lawyer in Milan, is based on a rigorous and meticulous analysis of all project documentation, site logs, and construction site records. The defense strategy in these cases cannot disregard an impeccable factual reconstruction, which often requires close collaboration with highly qualified technical consultants, such as structural engineers, architects, or geologists.
Studio Legale Bianucci works synergistically with these experts to assess the correctness of the investigative acts, actively and critically participate in the unrepeatable technical assessments ordered by the Public Prosecutor, and identify any concurrent causes or entirely unforeseeable external factors that may have led to the event. The primary objective is to provide a solid and proactive defense, aimed at excluding the causal link between the conduct of the client and the occurrence of the collapse, demonstrating the fulfillment of all professional diligence obligations.
Frequently Asked Questions
What should I do if I receive a notice of investigation for negligent collapse?
The first fundamental action is to remain calm and immediately contact a trusted lawyer. It is crucial not to make summary statements to law enforcement without the presence and guidance of your lawyer. In parallel, it is essential to immediately begin collecting and securing all documentation related to the contract, the project, any variations during construction, and communications between the parties, as this will form the documentary basis of the defense strategy.
What are the penalties for negligent disaster?
The penalties provided by the Criminal Code for negligent disaster hypotheses are severe and involve imprisonment. The base penalty ranges from one to five years. However, the procedural situation becomes significantly more serious if the collapse results in personal injury or, in the worst case, the death of one or more people, constituting very serious concurrent crimes such as negligent injury or multiple negligent homicide in such circumstances.
Is the site manager always criminally liable if the company makes a mistake?
There is no objective or automatic criminal liability. The site manager is liable if the executing company's error was macroscopic and detectable with the normal professional diligence required by their role of high supervision. If the company acted in a hidden, fraudulent, or entirely unforeseeable manner, contravening specific directives received and documented, the site manager's position can be validly defended by demonstrating the exact and punctual fulfillment of their control and supervision duties.
Protect Your Professional Position: Request a Consultation
Being involved in a criminal investigation for a structural collapse jeopardizes not only personal freedom but also the assets, reputation, and the very future of one's professional or entrepreneurial activity. Promptly entrusting yourself to a competent criminal lawyer experienced in handling construction and negligence offenses is the essential first step to face this complex judicial matter with the necessary preparation. Contact Avv. Marco Bianucci at Studio Legale Bianucci in Milan to analyze the specific details of your situation, carefully evaluate the initial investigative acts, and build together the most solid and appropriate defense strategy for your case.