Certezza e probabilità nell’accertamento della causalità omissiva. Il richiamo della Corte di Cassazione alla “lezione” della sentenza Franzese

[Autom. eng. transl.] The decision in question concerns issues that frequently occur in the context of the doctor's criminal responsibility: the role of guidelines, the subjective measure of guilt, the relationships between 'causality of guilt' and 'causality of omission'. In particular, despite its recursion, the problem of ascertaining the omission causal link remains among the thorniest; especially when its solution is "complicated" by the peculiarities of medical malpractice events. In the judgment in question the Court of Cassation reiterates that in the context of omission causality the rule of judgment of reasonable, human certainty is valid; this appreciation must be made taking into account on the one hand information of a generalized nature relating to the probabilistic coefficient that assists the salvific character of appropriate appropriate measures, and on the other hand the contingencies of the concrete case.