Law

Nowadays, the issue of occupational health and safety assumes a central role within companies since any violations of the specific regulations set forth in  Legislative Decree No. 81/2008 can result in penalties, including criminal sanctions.

In cases where an accident at work results in injuries requiring over 40 days of prognosis (serious or very serious injuries) or the death of an employee, a criminal proceeding will be initiated ex officio.

The competent body for workplace prevention and safety is the Regional ATS/ASL (Local Health Authority), which typically conducts inspections and site visits on its own initiative or as delegated by the Judicial Authority.

ATS Inspections: ordinary or following an occupational injury

The inspection activities of the ATS/ASL may be ordinary to verify compliance with the regulations outlined in Legislative Decree No. 81/2008 or initiated following an accident at work; it is, therefore, essential for a company to carefully manage its relations with the relevant ATS/ASL right from the start.

In particular, if the ATS/ASL finds, as a result of inspection in the workplace, some violation of the regulations set forth in Legislative Decree No. 81/2008 will be drawn up against the responsible persons of the company a report of identification and a notice of contravention and prescription with a deadline for compliance.

If compliance with the prescribed measures is achieved within the given deadline, which can be extended upon a justified request from the offender, the Assessment Authority, after carrying out the relevant verification, notifies the responsible party’s admission to the payment of a reduced fine equal to one-fourth of the maximum amount of the prescribed fine, to be made within thirty days. Compliance with the prescriptions issued as a result of the ATS/ASL checks and the consequent payment of the stipulated penalties by the responsible party are then communicated to the competent Public Prosecutor’s Office for the request to dismiss the criminal proceedings related to the violations of the regulations under Legislative Decree No. 81/2008.

If ATS/ASL inspections are conducted following a workplace accident, in addition to verifying any violations of Legislative Decree No. 81/2008 through the procedure above, the Ascertaining Body will be responsible for carrying out the investigation by proxy of the Judicial Authority to identify the causes and the persons responsible for the crimes of culpable personal injury under Article 590 of the Criminal Code and/or culpable homicide under Article 589 of the Criminal Code, for which an identification report will be preliminarily drawn up. The investigation activities carried out by the ATS/ASL will then flow into an occupational accident report that will be filed with the attached documents with the competent Public Prosecutor’s Office. Based on these investigative findings, the Public Prosecutor will decide whether to proceed with the criminal case against the company’s responsible parties.

Work injury: the importance of specialized legal assistance

Given these complexities, it is essential for companies to rely on attorneys specialized in occupational health and safety. These professionals can promptly engage with the relevant ATS/ASL to verify the necessary documentation to be submitted to the assessing body and to comply with the requirements issued, in case of violations of the regulations under Legislative Decree No. 81/2008. In addition, professionals specializing in occupational health and safety will be able to provide the necessary assistance and defense to those responsible for the company in the event of criminal proceedings in the event of an occupational injury.

Finally, it is worth mentioning that in the event of a work-related accident with serious or very serious injury or death of a worker, Articles 589 and 590 of the Criminal Code both provide for ex officio prosecution of crimes for which criminal proceedings will be initiated even in the absence of a complaint-complaint by the offended person.

The first document that confirms the initiation of criminal proceedings against an individual is the identification and declaration or election of domicile report accompanied by the notice of investigation. From this moment, it is absolutely necessary to contact a criminal lawyer.

The identification report and the declaration or election of domicile

Specifically, following the commission of a crime, the Judicial Police drafts the “report of identification and declaration or election of domicile pursuant to Articles 349 and 161 of the Code of Criminal Procedure, as well as the notice of the right to defense pursuant to Article 369 bis of the Code of Criminal Procedure and notification regarding the awareness of the proceedings.” This is addressed to the alleged perpetrator, who learns at this point that they are under investigation.

As provided by Article 349 of the Code of Criminal Procedure, paragraph 1, “The Judicial Police proceeds to identify the person under investigation,” and paragraph 3, “When proceeding with identification, the Judicial Police invites the person under investigation to declare or elect domicile for notifications under Article 161, as well as to indicate their residence address, the location where they habitually carry out their work activity, and any places of temporary residence or domicile, along with any available phone numbers or e-mail addresses.”

The identification of the suspect must be complete with all relevant data, and the declaration or election of domicile for notifications is also necessary. This can be at their residence, workplace or with the trusted defense attorney, or, if unavailable, the court-appointed attorney.

The contents of the notice of investigation and the rights of the suspect

According to Article 369 of the Code of Criminal Procedure, the notice of investigation must contain “a summary description of the fact, an indication of the legal provisions allegedly violated, the date and location of the fact and the invitation to appoint a trusted defense lawyer.”

The individual under investigation can appoint a trusted defense lawyer at this stage or, if unable, unwilling or undecided, the competent Bar Association will immediately assign a court-appointed lawyer.

The choice made when drafting the identification report with the notice of investigation does not preclude the suspect from later turning to a trusted criminal lawyer.

Normally, an individual who learns for the first time that they are under investigation may not immediately have a reference for a criminal lawyer to appoint. Thus, they can act later to identify their trusted defense attorney.

Furthermore, at this stage the suspect has the right to receive information regarding their right to defense, which, according to Article 369 bis, paragraph 2, of the Code of Criminal Procedure, must include “a) information about the obligation of technical defense in criminal proceedings, with an indication of the rights and faculties granted by law to the person under investigation; b) the name, address, and phone number of the court-appointed lawyer; c) the option to appoint a trusted lawyer with the warning that, in the absence of such, the suspect will be assisted by the court-appointed lawyer; d) information regarding the obligation to compensate the court-appointed lawyer unless eligible for state-funded legal aid, with warnings about enforcement measures in case of insolvency; d bis) information about the right to an interpreter and the translation of essential documents; e) the conditions for access to state-funded legal aid.”

In conclusion, the drafting of the identification report with the notice of investigation is a crucial moment for the suspect, who, from this point, must necessarily contact their criminal lawyer.

The individual under investigation needs to act immediately at this stage and not wait for the criminal proceedings to develop. Through the intervention of their defense attorney, they can receive all the most relevant information and, above all, effectively plan their defense strategy.

Stella Law Firm: criminal lawyers in Milan

Stella Law Firm stands out for its highly specialized professionals in every area of criminal law. Located in Milan, the firm provides excellent legal assistance to anyone needing immediate and qualified support after receiving a notice of investigation.

The criminal lawyers at Stella Law Firm in Milan adopt a personalized and strategic approach, providing immediate legal advice and in-depth analysis of each specific case. They ensure maximum transparency and keep clients constantly updated on the status of criminal proceedings, delivering precise technical defense from the preliminary investigation phase to potential trial.

Those needing a criminal lawyer in Milan will find the ideal partner in Stella Law Firm to protect their rights and build a solid defense strategy. Thanks to the experience gained over time and the in-depth knowledge of the judicial system, the firm is considered a reference point for effectively addressing complex situations in criminal matters.

Both individuals and companies may frequently find themselves in need of legal advice from a criminal lawyer.

This necessity may arise on various occasions: for example, following the notification of an act related to criminal proceedings; after a request from the Judicial Police to acquire documentation or conduct inspections and site visits; or whenever it is necessary to assess the potential criminal liability of certain conduct.

In these cases, it is necessary to turn to a criminal lawyer to obtain all the specific information, taking immediate action if criminal proceedings are already pending or being preemptively informed of the possible risks of committing crimes.

In practice, individuals and companies, after initial contact with the chosen criminal lawyer, may submit their inquiry, providing the relevant supporting documentation and formalizing a request for a legal opinion.

The criminal lawyer, in order to respond to the formulated query, must first analyze the documents related to the specific case, then identify and verify the applicable legislation in detail and subsequently conduct an in-depth jurisprudential review of the precedents from higher courts and, where relevant, from lower courts in cases similar to the one under review.

If requested, these activities may be compiled into a written document to be delivered to the client – a pro veritate legal opinion – which summarizes the specific case, the applicable legislation, the most relevant case law and the conclusions in response to the formulated query.

A pro veritate legal opinion can thus be used by the client, whether an individual or a company, to evaluate how to proceed in a given case, whether judicial or extrajudicial, with all the necessary elements concerning possible criminal implications.

It is, therefore, a fundamental tool for the client facing a criminal law matter, whether as a potential injured party or as a suspect/defendant, whether in a judicial or even extrajudicial context.

Stella Law Firm: criminal lawyers in Milan

A reference point in the criminal sector, specifically in the areas of Environmental Criminal Law, Workplace Safety Criminal Law, Tax and Bankruptcy Criminal Law, the professionals at Stella Law Firm have developed extensive and consolidated experience in drafting criminal law legal opinions in the interest of individuals and legal entities, including companies and public entities throughout the Italian territory.

In addition to their specific expertise in the various fields of criminal law, the criminal lawyers at Stella Law Firm offer a pragmatic approach to the concrete case, proposing effective solutions even for the most complex legal issues.

Dealing with criminal law matters requires competence, experience and highly qualified legal assistance: Stella Law Firm, with its team of criminal lawyers in Milan, provides specialized legal consultations to protect its clients’ rights, guaranteeing strategic support at every stage of the proceedings.

If you need the opinion of a criminal lawyer in Milan to face a complex situation with professionalism and clarity, contact us for a consultation tailored to your needs.

Individuals, as well as companies, may often find themselves needing to report facts relating to criminal conduct that are relevant to the Judicial Authority.

The tools provided for this purpose by the Italian legal system are three: the report (denuncia), the complaint (querela) and the statement (esposto).

To offer a quick and general overview: a report is an act by which anyone, even if not directly involved, notifies the judicial authority of an offense prosecutable ex officio, such as extortion.  A complaint, instead, may only be submitted by the person who has suffered the offense that is not prosecutable ex officio, such as simple fraud, and must be filed within three months of discovering the offense. Finally, a statement is a submission to the judicial authorities requesting an assessment as to whether any criminal offenses may have occurred in a given situation.

Below, we analyze in more detail the differences between a report, a complaint and a statement, as well as their respective filing procedures.

The report: when and how to file it

According to Article 333 of the Italian Code of Criminal Procedure (Report by Private Individuals):

1. Any person who has knowledge of an offense prosecutable ex officio may file a report. The law determines the cases in which a report is mandatory.
2. The report is submitted orally or in writing, personally or through a special proxy, to the public prosecutor or to a judicial police officer; if submitted in writing, it must be signed by the reporting party or by their special proxy.
3. Anonymous reports cannot be used in any way, except as provided for in Article 240.

Therefore, a report (also defined as a “complaint”) may be filed by anyone – even if not the offense victim – who knows an offense prosecutable ex officio. It must be formalized before the Judicial Authority and can be submitted either orally or in writing, including through a special proxy.

How to file a report

To understand how to file a report, it is essential to know that it may be addressed to the Public Prosecutor’s Office (Procura della Repubblica) or the Criminal Police (Polizia Giudiziaria), and that the report must be signed either personally or by a legal representative holding a specific power of attorney (procura speciale).

The complaint: who can file it and in which cases

As for the complaint (also called “grievance” or, more broadly, “legal action”), Article 120 of the Italian Penal Code (Right to Complaint) provides as follows in paragraph 1:

Anyone who is the victim of an offense that is not prosecutable ex officio or upon request or petition has the right to file a complaint.

Article 124 of the Penal Code (Deadline for Filing a Complaint. Waiver) further specifies:

Unless otherwise provided by law, the right to file a complaint cannot be exercised after three months from the day the offense was discovered. The right to a complaint cannot be exercised if there has been an express or tacit waiver by the entitled party. A tacit waiver occurs when the person entitled to file a complaint performs acts incompatible with the will to proceed. The waiver automatically extends to all those who committed the offense.

What Is the difference between a complaint and a report?

Based on what has been stated so far, the difference between a complaint and a report is substantial. While a report can be filed by anyone who becomes aware of an offence prosecutable ex officio, a complaint can only be filed by the victim for offences that require such an initiative. It must be lodged within three months of the discovery of the offense.

How to file a complaint

Article 336 of the Italian Code of Criminal Procedure specifies that:

A complaint is filed through a declaration in which, personally or through a special proxy, the will to proceed for a fact provided for by law as a criminal offense is expressed.

The complaint must be filed in the same forms required for the report under Article 333, paragraph 2 of the Code of Criminal Procedure. In the case of a complaint filed by the legal representative of a company, entity or association, the act must specifically indicate the source of the representative’s powers.

Furthermore, a complaint may be withdrawn, as provided for by Article 340 of the Italian Code of Criminal Procedure:

The withdrawal of the complaint is made and accepted personally or through a special proxy, by declaration received by the competent authority or by a judicial police officer, who must immediately forward it to the aforementioned authority.

Therefore, the victim has the possibility, after filing the complaint, to withdraw it – for example, following a settlement between the parties – but the withdrawal must necessarily be accepted by the person against whom the complaint was made.

When to submit a statement

Finally, it is also possible to submit a statement to the Judicial Authority regarding facts that have occurred, requesting an evaluation as to whether any criminal offense may exist and the identification of the responsible parties.

In practice, the statement may serve as a precautionary measure for the person submitting it, to protect themselves from potential accusations of slander or false reporting, particularly in complex or uncertain situations.

Report, complaint and statement: against known or unknown persons

All three acts examined in this article – report, complaint and statement – may be submitted against known or unknown individuals. In the case of unknown individuals, it will be up to the Judicial Authority to conduct investigations in order to identify them.

It is also essential to file these acts along with all relevant documentation, which should be attached to the submission and to indicate any individuals who are informed of the facts and may be called to testify before the Judicial Authority.

Stella Law Firm: criminal lawyers in Milan

The professionals at Stella Law Firm, a leading firm among criminal lawyers in Milan, have developed extensive experience in drafting reports, complaints and statements, including for complex cases, in the interest of both individuals and legal entities throughout the national territory.

The firm provides comprehensive legal support, from drafting to filing the acts and continues monitoring the criminal proceedings in the subsequent phase.

Do you need to file a report, a complaint or a statement? Contact the criminal lawyers at Stella Law Firm for tailored legal advice.

On June 28, 2024, the Italian Government approved Law No. 90, titled “Provisions on the Strengthening of National Cybersecurity and Cybercrimes”, to enhance national cybersecurity measures and increase the prevention and punishment of cybercrimes.

What are cybercrimes?

Cybercrime can be defined as an illegal activity that exploits information technology and digital networks to commit crimes that harm individuals, businesses and institutions.

Different types of conduct can be traced back to cybercrimes. The most common include:

• Hacking: unauthorized access to computer systems or networks.
• Phishing: fraud via deceptive emails or websites aimed at stealing personal data.
• Malware: disseminating harmful software such as viruses, ransomware, and spyware.
• Cyberstalking: online harassment or threats.
• Cyber espionage: the collection of confidential information by unauthorized entities.
• DoS: Denial of Service, which involves overloading a system to make it inaccessible to legitimate users.

Cybercrimes and their impact on corporate reputation

Cybercrimes can cause significant reputational damage to businesses. A cyberattack, such as a data breach, can result in the theft of sensitive information or patents, undermining the trust of clients, suppliers, and business partners.

The consequences of such crimes are not limited to reputational damage: in addition to harming the company’s image, they can lead to customer loss or decreased sales. Furthermore, companies affected by cybercrimes often face high costs for crisis management and for improving cybersecurity measures.

Cybersecurity and cybercrimes: what’s new in Law No. 90 of June 28, 2024

Law No. 90 of June 28, 2024, is divided into two sections: the first (Articles 1 to 15) addresses new developments in cybersecurity, while the second (Articles 16 to 23) introduces several amendments regarding cybercrimes and the coordination of responses to attacks on computer or telematic systems.

In detail, the new provisions in the first section of Law No. 90/2024 aim to:

• Expand the range of entities required to notify relevant cybersecurity incidents.
• Improve the methods and timing of responses by the obligated entities when notified by the National Cybersecurity Agency of specific vulnerabilities.
• Establish cybersecurity structures within Public Administrations, with a designated point of contact for the National Cybersecurity Agency.
• Ensure that Public Administrations adopt cryptographic solutions in line with the guidelines of the National Cybersecurity Agency.
• Grant the National Cybersecurity Agency the authority to conduct inspections and impose penalties.
• Regulate public contracts for IT goods and services used for strategic national interests.

The numerous amendments introduced by the second section of Law No. 90/2024 include:

• Increased penalties under Article 615-ter of the Criminal Code (unauthorized access to a computer or telematic system).
• Increased penalties under Article 615-quater of the Criminal Code (unauthorized possession, dissemination, and installation of equipment, codes, and other means to access a computer or telematic systems).
• Repeal of Article 615-quinquies of the Criminal Code (unauthorized possession, dissemination, and installation of equipment, devices, or software to damage or disrupt a computer or telematic system).
• Increased penalties under Article 617-bis of the Criminal Code (unauthorized possession, dissemination, and installation of equipment and other means to intercept, obstruct, or disrupt telegraphic or telephone communications or conversations).
• Increased penalties under Article 617-quater of the Criminal Code (unlawful interception, obstruction, or disruption of computer or telematic communications).
• Increased penalties under Article 617-quinquies of the Criminal Code (unauthorized possession, dissemination, and installation of equipment and other means to intercept, obstruct, or disrupt computer or telematic communications).
• Increased penalties under Article 617-sexies of the Criminal Code (forgery, alteration, or suppression of the content of computer or telematic communications).
• Introduction of Article 623-quater of the Criminal Code (mitigating circumstances), providing for reduced penalties when the offense is of minor significance and reducing penalties by half to two-thirds for those who act to prevent further consequences of the criminal activity.
• Amendment of Article 629 of the Criminal Code (extortion), including paragraph 3 to cover actions under cybercrimes.
• Increased penalties under Article 635-bis of the Criminal Code (damage to computer data, information, and programs) and the amendment of paragraph 2.
• Comprehensive amendment of Article 635-ter of the Criminal Code (damage to public or publicly significant computer data, information, and programs).
• Increased penalties under Article 635-quater of the Criminal Code (damage to a computer or telematic systems) and amendment of paragraph 2.
• Introduction of Article 635-quater1 of the Criminal Code (unauthorized possession, dissemination, and installation of equipment, devices, or software to damage or disrupt a computer or telematic system).
• Comprehensive amendment of Article 635-quinquies of the Criminal Code (damage to publicly significant computer or telematic systems).
• The introduction of Article 639-ter of the Criminal Code (mitigating circumstances) provides for reduced penalties when the offense is of minor significance and reduces penalties by half to two-thirds for those who act to prevent further consequences of criminal activity.
• Amendment of Article 640 of the Criminal Code (fraud), with the inclusion of paragraph 2-ter, covering offenses committed through computer or telematic tools capable of concealing the perpetrator’s or another person’s identity (so-called computer fraud).
• Various amendments to the Code of Criminal Procedure and Article 24-bis of Legislative Decree No. 231/2001 (cybercrimes and unlawful data processing), with increased penalties for the entity.

In light of these new provisions and amendments introduced by Law No. 90/2024, it is clear that cybersecurity and cybercrime issues are becoming increasingly central today. Therefore, individuals and businesses should seek advice from competent legal professionals to understand potential risks and protect themselves effectively in out-of-court settlements and, if necessary, in court.