The new offence of “Hindering of the control”

The recent Bill no. 68, approved on 2015, May, 22 (relating to “Provisions on offences against the environment”) has introduced in the Italian Criminal Code the new Title VI bis, concerning “Offences against the environment”, which provides some new crimes.

Among these new provisions, it notes the new offence of “Hindering of the control” pursuant to Section 452 septies of the Italian Criminal Code, which punishes, with imprisonment from six months to three years, unless the fact constitutes a more serious offence, the intentional conduct of obstacle to the supervisory and control with regards to environmental and health and safety at work, realized by the artificial alteration of the locations and facilities.

In the case of conviction, in addition to the penalty of imprisonment, they apply:

• the confiscation, also of an equivalent value, of the product or the profit of the offense or of the things that served to commit it (under the new Section 452 undecies of the Italian Criminal Code);

• the additional punishment of inability to bargain with the Public Administration (under the new Section 32 quater of the Italian Criminal Code).

The implications of the new crime are evident, considering that it is connected also to the dispositions concerning the responsibility for violations related to health and safety at work.

Finally, it should be noted that the offence is punished only if it was committed intentionally and not in negligence, as it is provided in relation to the other offences in matter of health and safety.