Search CORE

2,174 research outputs found

I profili relazionali della colpa e la responsabilità penale per danni cagionati da prodotti difettosi

Author: Pontis Francesca
Publication venue
Publication date: 2013
Field of study

The research made by the PhD candidate Francesca Pontis focuses on the analytical study of criminal issues in the product damages liability and especially on the connection between this question and the principle of guilt as capital principle of criminal law. The interest for this matter comes from the always stronger consideration of our society as a “society of risk”, in which the product damage is the best exemplification of how the fundamental interests are exposed to constant dangers and the classical criminal law institutes are in crisis. In this specific case is really interesting the issue of the subjective charge of the event, that testifies the metamorphosis of the subjective element of negligence in the post-modern society, from being an exception to become a consolidated rule. Furthermore the analysis conducted concentrates on the model of the criminal offences connected to production, distribution and use of defective products as an example of the always more detailed configuration of the criminal negligence as a prevalent collective offence, synchronic or diachronic, conscious or unconscious. The PhD candidate especially points out how in the industrial production, medical surgery, vehicles circulation and in other so called “first aid activities” is often hard to correlate, by a trial certain beyond all reasonable doubts, a certain damaging event to a certain behaviour, chargeable to easily identifiable people, with a consequent risk of survival in the juridical system of the classical criminal law principle of personality of the criminal liability, enforced by art. 27, co. 1 of the Italian Constitution. Starting from the analysis of this principle, as a leit motiv of the whole project, it was possible to determinate the aim of the study on the research of the best charging criteria of criminal negligence in case of a collective contribution to the damaging event. Against the backdrop of these guidelines, the research is divided into three fundamental parts. The first part is dedicated to presenting the object of the study and starts by criminal negligence’s analysis both in its general dimension and in its collective shape. The second part concentrated itself on the product damages liability as a collective contribution to the damaging event connected to the uncertain production, distribution and use of products risks, while the third part looks at the specific case of medical devices damages liability in order to underline when and why surgeon will be find guilty of patient’s death, with a special attention given to the case in which defective device had CE conformity certificate

Archivio istituzionale della ricerca - Università di Padova