Configurabilità del delitto di stalking anche in presenza di reciprocità delle condotte disturbatrici.Delega di funzioni: la nomina del responsabile del servizio di prevenzione e protezione non esonera il datore di lavoro dalla responsabilità per l’omicidio colposo del lavoratore.Incompatibilità tra delitto di ricettazione attenuato dalla particolare tenuità del fatto e attenuante comune del danno patrimoniale di speciale tenuità.

Research output: Contribution to journalArticlepeer-review

Abstract

[automatically translated] The contribution browsing analyzing and commenting three significant rulings of Criminal Appeal, made on the subject of stalking, delegation of tasks and the crime of receiving stolen softened by a tenuous nature of the fact. Particularly in the first of the indicated judgments (Cass. Pen., Sec. III, 14 November 2013, n. 45648) states that research by the victim of persecution of a contact with the stalker, not contrasting with the concept of stress enunciated by the contested provision does not exclude the configurability of the crime under Article. 612 bis cp. However, in the case of reciprocity of harassing behavior, it is incumbent on the judge a more accurate obligation to state reasons on the existence of the state of anxiety or fear of the injured party, its actual fear for themselves or people close to it or the need for change in lifestyle. In the second ruling in question (Cass. Pen., Sec. IV, 16 December 2013, n. 50605) states that in the event of accidents in the workplace, the appointment of the former head of the Prevention and Protection art. 8 Legislative Decree no. 626/1994 does not exempt the employer from liability for the wrongful death of the employee, since this act can not be considered as coincident with a formal suitable proxy to locate the different and optional figure of the chief executive to ' observance of safety regulations and for the safety of workers. The last judgment analyzed (Cass. Pen., Sec. II, judgment of 15 November 2013 n. 50066) states, finally, that particularly slight damping of stolen goods must be inferred from an overall assessment of all the objective and subjective components of the fact, having the court to have regard to both the action mode, both the accused's personality and the overall conduct of the same both the economic value of the recipe and res. Consequently, the attenuating in art. 62, n. 4, cp, and the excuse of art. 648, second paragraph, of the Criminal Code can not be granted simultaneously. the excuse of art. 62, n. 4, cp, and the excuse of art. 648, second paragraph, of the Criminal Code can not be granted simultaneously. the excuse of art. 62, n. 4, cp, and the excuse of art. 648, second paragraph, of the Criminal Code can not be granted simultaneously.
Original languageItalian
Pages (from-to)287-297
Number of pages11
JournalLA RIVISTA NELDIRITTO
Publication statusPublished - 2014

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