“Uso” e “abuso” dell’art. 2087 c.c. come fondamento della responsabilità penale per omesso impedimento dell’infortunio sul lavoro e come indice ‘vuoto’ della colpa datoriale

Abstract

The contribution examines Article 2087 of the Italian Civil Code as the basis for employer criminal liability for failure to prevent workplace accidents, highlighting its critical issues concerning the principles of legality and culpability. The analysis focuses, in particular, on the dual role of the provision as the foundation of the legal duty to prevent harmful events and as an indicator of employer negligence. Special attention is devoted to the impact of artificial intelligence (AI) on organizational dynamics and employers’ preventive powers, with clear implications for determining the causal link and the foreseeability of harmful events. The need to establish specific precautionary rules and preventive protocols is emphasized to avoid an excessive expansion of criminal liability, especially in cases involving autonomous AI systems. The suggested approach, in line with the provisions of the AI Act, incorporates “meaningful human oversight” to ensure proper supervision of intelligent machines and, consequently, to define with certainty the boundaries of employer liability.