COVID-19: REDEFINING RESPONSIBILITY

The text concerns a major Italian judicial proceeding concerning the crime of negligent epidemic, focusing on the possibility of establishing it through omission. The Supreme Court of Cassation examined the case of Domenico Agostino Leopoldo Valca, initially acquitted for the alleged spread of SARS-CoV-2 in Alghero Hospital due to negligence. The key decision of the Joint Criminal Sections was to overturn the acquittal, establishing that the spread of pathogenic germs can result not only from direct action, but also from the failure to prevent an event that one had a legal obligation to prevent, as provided for by Article 40, paragraph 2, of the Criminal Code. This approach represents a significant shift in jurisprudence that redefines responsibilities in matters of public health.

Court:

https://www.giurisprudenzapenale.com/wp-content/uploads/2025/07/27515_07_2025_pen_noindex.pdf