L’estinzione delle contravvenzioni mediante “oblazione condizionata”: questioni interpretative risalenti e soluzioni giurisprudenziali innovative

Abstract

The prosecution extinction through immediate payment in work safety matter: old interpretative problems and new jurisprudential solutions] The articles 20 et seq. of the legislative decree no. 758 of 1994 (recalled by the article 301 of the legislative decree no. 81 of 2008) introduced a mechanism that allows people who have been charged with breach of the rules on hygiene, health and safety on the work place, to achieve the decision to discontinue the case through the respect of the provisions imposed by the supervisory body, and the payment of a reduced fine. In the examined judicial case this result didn’t occur, since supervisory body failed to verify whether the crime dangerous consequences had been eliminated or not. Starting from analysis of the related Court of Cassation decision, the Author observes procedural consequences deriving from this omission and suggests legislative interventions that allow useful application of the rule.

https://doi.org/10.14276/2384-8901/1299
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