Legge n. 76 – Conversione in legge con modificazioni del decreto-legge 1° aprile 2021 n. 44 recante misure urgenti per il contenimento dell’epidemia da COVID-19 in materia di vaccinazioni anti SARS-CoV-2 di giustizia e di concorsi pubblici
(Parlamento, 28 maggio 2021)
Nella G.U. del 31 maggio 2021 n. 128 è stata pubblicata la legge n. 76 del 28 maggio 2021 di conversione, con modifiche, del DL 1° aprile 2021 n. 44 recante misure urgenti per il contenimento dell’epidemia da COVID-19 in materia di vaccinazioni anti SARS-CoV-2 di giustizia e di concorsi pubblici.
In sede di conversione è stato modificato l’art. 4 (Disposizioni urgenti in materia di prevenzione del contagio da SARS-CoV-2 mediante previsione di obblighi vaccinali per gli esercenti le professioni sanitarie e gli operatori di interesse sanitario). Nello specifico, sono state disposte alcune correzioni terminologiche e di forma nonché l’inserimento delle seguenti precisazioni:
- al comma 1 che l’obbligo vaccinale riguarda gli esercenti le professioni sanitarie e gli operatori di interesse sanitario “di cui all’articolo 1, comma 2, della legge 1° febbraio 2006, n. 43”;
- al comma 6 che l’azienda sanitaria locale competente deve accertare l’inosservanza dell’obbligo vaccinale decorsi i termini “per l’attestazione dell’adempimento dell’obbligo vaccinale”.
Novità anche in tema responsabilità penale in caso di morte o lesioni personali che si siano verificate, in ambito sanitario, durante lo stato di emergenza epidemiologica.
Infatti – dopo l’art. 3 recante il c.d. scudo penale per chi è impegnato nell’inoculazione del vaccino anti COVID-19, escludendone la punibilità per i fatti di cui agli artt. 589 e 590 c.p., verificatisi a causa della somministrazione del vaccino effettuata nel corso della campagna vaccinale straordinaria – è stato inserito l’articolo 3-bis (Responsabilità colposa per morte o lesioni personali in ambito sanitario durante lo stato di emergenza epidemiologica da COVID-19).
Precisamente, è stato disposto che durante lo stato di emergenza epidemiologica da COVID-19 i fatti di cui agli articoli 589 e 590 c.p., commessi nell’esercizio di una professione sanitaria e che trovano causa nella situazione di emergenza, siano punibili solo nei casi di colpa grave.
Ai fini della valutazione del grado della colpa, il giudice deve tenere conto, tra i fattori che ne possono escludere la gravità, della limitatezza delle conoscenze scientifiche al momento del fatto sulle patologie da SARS-CoV-2 e sulle terapie appropriate, nonché della scarsità delle risorse umane e materiali concretamente disponibili in relazione al numero dei casi da trattare, oltre che del minor grado di esperienza e conoscenze tecniche possedute dal personale non specializzato impiegato per far fronte all’emergenza.
Per approfondire: LEGGE_28_maggio_2021_n_76
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