Judgment No. 38867 of 2024: Error Regarding the Legality of Conduct and Criminal Responsibility
The judgment No. 38867 of October 4, 2024, issued by the Court of Cassation, addresses a crucial issue concerning the error regarding the legality of conduct in relation to the offenses provided for by Article 681 of the Penal Code. In particular, the court established that the error committed by a person, acting in violation of the prescriptions imposed by the authority, relying on opinions not originating from official sources, is not excusable. This decision has significant implications for the criminal responsibility of managers of public facilities and for collective safety.
The Context of the Judgment
The case in question involved the manager of a theater who, following instructions provided by a security agency official, had closed an emergency exit during a crowded performance. This behavior violated the regulatory provisions regarding the safety of public spaces, which require the opening of escape routes in case of an emergency. The Court emphasized that the error regarding the legality of one's conduct cannot be justified based on private opinions, unless supported by competent authorities.
Analysis of the Legal Principle and Legal Implications
Article 681 Penal Code - Error Regarding the Legality of Conduct Determined by a Private Opinion - Exclusion of Excusable Relevance - Case. In relation to the subjective element of the offense provided for by Article 681 of the Penal Code, the error regarding the legality of conduct that disregards the prescriptions imposed by the authority for the protection of public safety is not excusable, in the event that the agent acted based on an opinion not originating from the administrative or judicial authority. (Case concerning the manager of a theater who, based on the indications provided by the head of the agency responsible for security within the facility, had kept the emergency exit closed while a performance attended by six hundred people was taking place, thereby violating the prescriptions imposed by the Authority regarding the necessary opening of an escape route).
This legal principle highlights the importance of compliance with safety regulations and the indications provided by competent authorities. The principle of legality is fundamental in criminal law, and criminal responsibility cannot be evaded on subjective grounds or erroneous interpretations of regulations. The Court, also recalling previous case law, reiterated that only the indications provided by administrative or judicial authorities can legitimize an error regarding the legality of conduct.
Conclusions
The judgment No. 38867 of 2024 represents an important precedent for Italian criminal law, emphasizing the necessity of strict compliance with public safety regulations. Managers of publicly accessible facilities must be aware that relying on unofficial opinions does not exempt them from responsibility in the event of violations. In an era where safety is a priority, this decision invites reflection on the importance of following the indications of competent authorities to ensure the protection of public safety.
