Responsibility of the Entity and Workplace Safety: The Ruling of the Supreme Court

Recently, the Supreme Court issued a significant ruling (n. 31665 of 2024) regarding the criminal and administrative responsibility of an entity for the death of two Italian technicians in Libya. The decision raised important questions about the application of workplace safety regulations and the responsibility of administrators. This article analyzes the main aspects of the ruling, highlighting the legal and practical implications.

The Case and the First Instance Ruling

The case in question involved D.D. Spa, whose administrators had been convicted in the first instance for manslaughter. The judges found that the company had violated safety regulations by failing to prepare an adequate risk assessment document (DVR) that also considered the risk of kidnappings in Libya. However, the Court of Appeals in Rome subsequently acquitted the administrators, noting that no criminally relevant facts had been committed.

The territorial court excluded the criminal responsibility of the board members, considering that M.M.'s action was the result of an uncoordinated initiative.

The Role of Workplace Safety

The ruling emphasized the importance of adhering to safety procedures, especially in high-risk contexts like Libya. It emerged that workers were aware of the obligation to use naval means for transportation, and that existing regulations had generally been followed. However, the spontaneous behavior of M.M., who decided to transfer the technicians overland, called into question the entity's responsibility.

  • Obligation to inform about specific risks.
  • Importance of delegating functions in complex contexts.
  • Assessment of administrative responsibility under Legislative Decree 231/2001.

Conclusions and Future Implications

The Supreme Court's ruling highlights how the criminal responsibility of administrators must be assessed in relation to their actual competencies and the decisions made in risk contexts. The responsibility of the entity, on the other hand, is conditioned by the presence of an effective organizational model and compliance with safety regulations. This case represents an important lesson for companies operating in high-risk contexts, emphasizing the importance of proper safety management and corporate responsibility.

Bianucci Law Firm