Università Roma Tre

Given the reference to the fundamental notions of general theory of crime, the course aims to provide advanced knowledge of obligations and penal sanctions in the field of hygiene and safety of the workplace pursuant to Legislative Decree No 81/2008, with regard to both position of the individual subjects (employer, managers, supervisors, those in charge of prevention and protection system, qualified physician, workers' representatives for safety, workers, client or project supervisor, coordinators for the planning or execution of the works), even in the case of a contract or works in temporary or mobile construction sites, and to the amministrative liability of legal entities pursuant to Legislative Decree No 231/2001, after examining the most recent jurisprudential guidelines on the matter.

As for individual positions, the purpose is to analyze the criteria for the objective and subjective imputation of accident offenses, both contraventional and criminal, with particular regard to manslaughter and culpable personal injury, focusing on the assessment of the guarantee positions, of the casual link and guilt, also in relation to the meaning of art. 2087 of the Italian Civil Code, as well as on the conditions for cooperation in the culpable crime, in light of the validity and effectiveness requirements of the delegation of functions and the limits of the principle of expectation or of the distinctions between senior and subordinate subjects, guarantee and surveillance obligations, operational and organizational control (or "high supervision"), culpa in eligendo and culpa in vigilando.

As for the collective body, having examined the imputation referred to in Legislative Decree No 231/2001, the aim is to deepen the techniques for drafting the organizational models, the criteria for assessing the relevant eligibility requirements and effective implementation in relationship to accident prevention obligations and to the various control tools (certifications, quality systems, risk assessment documents, etc.) as well as the methods of composition and functioning of the supervisory body.

With the successful learning of the aforementioned notions, the course therefore aims to ensure the acquisition of the necessary tools to hold managerial positions or in any case take responsibility for safety in the company or to carry out consulting activities, assistance or even representation or defence in court against the possible contestation of accident offenses to natural or legal persons.