13 Mar culpable crime and accident at work

For the purposes of the criminal charge, the fault has not only an objective side, focused on conduct in violation of a precautionary rule, but also a subjective side, connected to the agent's ability to observe the precautionary rule. The subjective and personal profile of the fault is recognizable in the subjective possibility of the agent to comply with the precautionary rule, that is, in the collectability of the due conduct. Like this principle of law, the Supreme Court annulled the sentence pronounced against a person responsible for supervising and supervising compliance with the, by employees of a supermarket, of the precautionary provisions on health and safety in the workplace, on the basis of the absorbent relief that from these, who had taken up service a few days before the injury, could not expect the concrete collectability of a specific supervisory conduct capable of appreciating the irregular practice in use at the supermarket, from which the accident had arisen (Cass. 1096/21).