Le prospettive della compliance penale in materia di salute e sicurezza sul lavoro tra vecchi dinamismi conflittuali e nuovi duplicati sanzionatori

Abstract

Starting from the crisis of effectiveness that continues to affect the occupational health and safety system, this paper seeks to explore the tensions that run through the current regulatory paradigm. After reconstructing the main compliance tools in this field, the analysis focuses – through a dichotomic lens – on the critical aspects of the existing framework, highlighting some structural frictions: between public regulation and private self-regulation; between individual and collective dimensions of protection; and, finally, between repressive approaches and incentive-based mechanisms. These conflicting tendencies are epitomized by the recently introduced “credit-based licence” (the so-called “patente a crediti”), which is critically assessed in light of its predominantly punitive nature. The aim of the study is to investigate – within the broader domain of criminal compliance – the developmental trajectories of the current regulatory model, questioning its actual ability to reconcile preventive goals, the accountability of economic actors, and the protection of fundamental guarantees.