Nota a sentenza Cassazione, sezione IV pen., 22 novembre 2011 - 22 gennaio 2013, n. 3290

Translated title of the contribution: [Autom. eng. transl.] Note to the Cassation judgment, Section IV of the Penal Code, 22 November 2011 - 22 January 2013, no. 3290

Alessandro Provera

Research output: Contribution to journalArticlepeer-review

Abstract

[Autom. eng. transl.] The head of the ASL Maintenance Unit is liable for the offense pursuant to art. 677, paragraph 3, of the Italian Criminal Code, if it has omitted the maintenance intervention or, in the case of the impossibility of an effective maintenance work, due to practical or legal reasons, it has failed to report to the ASL management the urgent need to clear the premises threatening ruin, making it irrelevant to identify the cause or causes of the ruin of the building. Does not exclude liability for the crime referred to in art. 677, paragraph 3, of the Criminal Code, any civil law relationship between the subject responsible for maintenance and contractors who carried out work on the building. Indeed, whatever the contractor's obligations may be, in the event of early delivery of part of the work, deriving from defects of the same, it cannot be doubted that the client, who receives the building, assumes, for that very reason, the acting as guarantor with respect to the subjects that the said building will attend or in it will even be permanently stationed. The responsibility of the subject responsible for maintenance is not excluded if he has granted the property on loan, as the art. 1808 cc charges the borrower the costs necessary for the use of the thing (for example fees for electricity, water, heating) and the advance of the extraordinary, necessary and urgent expenses incurred for the preservation of the same, but in no elide the obligation of the owner to guarantee (articles 2051 and 2053, civil code) third parties from the damage deriving from the thing.
Translated title of the contribution[Autom. eng. transl.] Note to the Cassation judgment, Section IV of the Penal Code, 22 November 2011 - 22 January 2013, no. 3290
Original languageItalian
Pages (from-to)929-932
Number of pages4
JournalRIVISTA ITALIANA DI MEDICINA LEGALE E DEL DIRITTO IN CAMPO SANITARIO
Publication statusPublished - 2013

Keywords

  • Appalto
  • Comodato
  • Contravvenzioni concernenti la polizia di sicurezza
  • Omissioni di lavori in edifici o costruzioni che minacciano rovina
  • Responsabilità penale del committente
  • Responsabilità penale del comodante

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