Profili di responsabilità penale del controllore del traffico aereo. Gestione del rischio e imputazione dell’evento per colpa nei sistemi a interazione complessa (Rapporto sulla ricerca dell’Alta Scuola “Federico Stella” sulla Giustizia Penale in collaborazione con ANACNA)

[Autom. eng. transl.] The study conducted by the "Federico Stella" High School on Criminal Justice, together with ANACNA ("National Association of Air Navigation Assistants and Controllers"), was aimed at analyzing the mechanisms of imputation of the event due to fault in High Reliability Organizations , organizations that operate in highly complex environments "while maintaining high standards of reliability and safety, on the one hand, and of effectiveness and efficiency, on the other". By qualifying air navigation as an area pertaining to the area of permitted risk, the output of the research consisted in the elaboration, following a substantial quantitative and qualitative empirical investigation, of regulatory solutions capable of adequately considering the specificities of the sector, in order not to run into investigations that result in forms of "position responsibility" and which, especially in certain praxeological paths, have led to authentic presumptions of guilt, as well as to a substantial deconstruction of the elements characterizing the culpable type of event. The analysis of the dynamics of imputation due to the fault of harmful events on a large scale presents, moreover, not only a legal interest, but also a social, cultural and operational one, representing a paradigmatic context for a more general rethinking of the criteria of imputation and responsibility in relation to damage macro-events that occur in multi-person organizations and with high risk potential.