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STUDIO BOLOGNESI

Corporate Crime Law Firm

POISONING OF WATERS OR FOODSTUFFS
(Art. 439 of the Italian Criminal Code)

Lesson by Dario Bolognesi to the Criminal Division of the Ferrara Court: “The Offence of Poisoning Waters or Foodstuffs (Art. 439 of the Italian Criminal Code) in the Current Context of Protecting the Environment and Public Health” -Ferrara, 7th March 2012 

The crime of poisoning waters or foodstuffs (Art. 439 of the Italian Criminal Code), which falls under the jurisdiction of the Corte di Assise due to the seriousness of the punishment provided by the law, has hardly been implemented since the Italian Criminal Code came into force in 1930. Recently, it has instead been evoked by various Public Prosecutors, (in Pescara, Alessandria, Crotone and Sassari) who have commenced proceedings against Managers of industries and companies’ directors. However, the charges of poisoning waters or foodstuffs seem unsubstantiated. Therefore, the lesson’s subject was a deep examination of the elements that constitute this type of offense and of the conditions that can trigger the punishment, with particular attention to the topic of the actual danger. Furthermore, a compared examination has been held between the Italian legislation/decisions of the Courts and those of other European countries (France, Spain, Great Britain and Germany).