I DELITTI COLPOSI DI LESIONI PERSONALI E OMICIDIO DA INSIDIA STRADALE

This thesis deals with the injuries, or even the death, of public places' users caused by the public place itself, concerned from a criminal point of view. The majority of jurisprudence has deeply discussed punitive damages caused by bad manteinance of the roads, whereas few judgements regarded the possible criminal consequences. This work aims to focus on the criminal liability descendant from these cases, first of all by frame them into the reati omissivi impropri system, and also by analizing judgments. Yet the criminal approach is still connected with the civil one. The civil code, artt. 2043 and 2051, is still the landmark, particulary concerning the guarantee duty by penal code art. 40, paragraph 2. Some civil concepts, like the concurrence of the damaged or the so-called “trap” or “snare”, have heavily been affecting the criminal approach until recent years, when the Court of Cassation seems to have understood that the remedy of damages is inconsistent with the infliction of a penalty. The work focus both on the road owner body corporate and the contractor company. Above all on the Municipalities, because they own and administer the large part of public palces. Finally, the thesis examines the internal subdivisions, the functions and the assignment of the Municipality, in order to single out who is potentially charged with the guarantee duty and who may be involved by complicity, giving particular attention to political and to administrative management.