La tutela del capitale umano attraverso la compartecipazione organizzativa. Per un diritto penale sussidiario una responsabilità autonoma dell’ente

Abstract

This paper explores the protection of human capital in the workplace, proposing a rethinking of criminal law as a subsidiary tool. Starting from a historical and philosophical reflection on the concept of labor, the author examines the shortcomings of the current punitive system, highlighting the ineffectiveness of traditional sanctions in safeguarding workers’ psychosocial well-being. The essay advocates for an autonomous liability of the organization, based on organizational fault, bypassing the need for individual wrongdoing. Within this framework, organizational participation by workers –supported by integrated compliance models and recent legislative instruments such as Law n° 76/2025 – becomes essential to building safe and inclusive work environments. The paper concludes by calling for a genuine investment in the virtuous interweaving of organizational models and technical standards, aimed at fostering integrated corporate compliance and minimizing coercive working conditions.

https://doi.org/10.14276/2531-4289.5144
PDF (Italiano)
Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Copyright (c) 2025 Francesca Curi