Judgment No. 48511 of 2023 and Reckless Endangerment Offenses: A Thorough Analysis

The judgment No. 48511 of September 28, 2023 represents an important point of reference for Italian jurisprudence regarding crimes against public safety. In this ruling, the Court of Cassation clarified some fundamental aspects regarding the configurability of the crime mentioned in Article 450 of the Penal Code, related to excavation work that merely poses a landslide risk.

The Regulatory Context and the Judgment

The Court annulled without remand the previous decision of the Court of Appeal of Messina, establishing that the reckless endangerment offense is not configurably in the absence of the realization of a harmful event. This principle is crucial for understanding the limits of criminal liability in cases of public works that, while generating risk situations, do not result in actual damages.

Excavation work that merely poses a landslide risk - Crime referred to in Art. 450 Penal Code - Configurability - Exclusion - Conditions. In the context of crimes against public safety, the reckless endangerment offense referred to in Art. 450 Penal Code is not configurably in the face of the conduct of those who, in executing public works, having carried out an excavation and amassed a significant amount of earth, in the absence of containment works, merely pose the risk of a landslide, provided that the harmful event does not follow.

The Implications of the Judgment

The decision of the Court of Cassation highlights several significant aspects:

  • Merely posing a risk is not enough: The mere possibility of a harmful event is insufficient to constitute the crime referred to in Art. 450 Penal Code, unless a concrete damage occurs.
  • Conduct of the subject: It is essential to examine the conduct of the defendant in relation to the execution of the work and their responsibility in preventing risk situations.
  • Precedent Jurisprudence: The judgment fits into a path already traced by previous rulings, which have deemed it necessary to find damage for the affirmation of guilt.

Conclusions

In conclusion, judgment No. 48511 of 2023 offers a clear and articulated view on criminal liability regarding public works and safety. It establishes an important precedent for future disputes, clarifying that, for the crime of landslide risk to be configurably, it is imperative that concrete damage occurs. This approach not only protects the rights of the defendants but also public safety, forcing a careful assessment of the risks and responsibilities associated with the execution of public works.

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