Occupational accidents and criminal liability of legal persons: is it feasible to bring it into line with art. 31 bis and compliance standards?

Abstract

The figures for accidents at work are still too high for a so-called social State. The recent publication of the Report of the State Attorney General's Office for the year 2024 highlights the fact that articles 316 and 317 of the Criminal Code are still in need of revision by the criminal legislator. This text aims to focus on one of the proposals that have been called for on different occasions by legal operators: the inclusion of offences against health and safety at work in the catalogue of offences for which legal persons may be liable. With this objective in mind, the feasibility of imputation is analysed in accordance with the possible active subjects of offences 316 and 317 of the Criminal Code, as well as whether the current standards of criminal compliance could be applicable to these offences.