Roma, 13 settembre 2021 – “Con questa sentenza ha perso tutta l’Italia. Il rischio è che si crei un precedente anche per altre stragi”. Ha commentato così Marco Piagentini, presidente dell’associazione ‘Il mondo che vorrei’, le motivazioni della Corte di Cassazione sul mancato riconoscimento dell’aggravante della violazione delle norme sulla sicurezza sul lavoro nella strage di Viareggio. Tale sorprendente decisione ha determinato l’estinzione per prescrizione del reato di omicidio colposo, l’esclusione di ogni responsabilità delle società coinvolte oltre che l’esclusione (con condanna alle spese!) di alcune parti civili. “Fa male a noi familiari e riporta l’Italia indietro di cinquant’anni”, aggiunge Piagentini, che rileva come per arrivare a ribaltare le sentenze di primo e secondo grado “si è andati a filosofeggiare sul diritto”. La sensazione è che si sia fatta “una magia” per arrivare a “separare il rischio dei lavoratori da quello della circolazione” e ciò a danno dei cittadini.
In particolare per i giudici di legittimità, “va escluso che i tragici eventi occorsi a Viareggio abbiano concretizzato un rischio lavorativo”, determinante un mancato rispetto delle norme sulla sicurezza sul lavoro.
“L’impresa ferroviaria – ha continuato Piagentini – dovrebbe fare una valutazione dei rischi anche per i soggetti terzi, ovvero per chi abita vicino alle reti ferroviarie, ma con questa sentenza si sancisce che il trasporto ferroviario non risponde alle regole stabilite dalla legge 81/08”.
Per la Cassazione, insomma, il rischio concretizzatosi non è il rischio lavorativo: “l’integrazione dell’aggravante richiede che l’evento, anche quello occorso in danno di un terzo, sia concretizzazione del rischio lavorativo, ovvero del rischio di nocumento del lavoratore in conseguenza dell’attività espletata o del terzo che si trova in analoga situazione di esposizione”.
Eppure, ha sottolineato ancora Piagentini, sul quel treno erano presenti dei lavoratori, i due macchinisti che si sono fortunatamente salvati, e fra le vittime vi è anche un uomo che stava andando a piedi a lavoro quando è stato travolto dall’esplosione. L’Inail ha tra l’altro agito in rivalsa avendo riconosciuto l’infortunio sul lavoro. “Grave anche da un punto di vista educativo”, che “con il diritto si cancellino le verità”. Una sentenza “tecnica” oltre ogni aspettativa e che sarà oggetto di approfondita analisi da parte degli avvocati dell’Associazione.
“In attesa di completare l’analisi – ha commentato Alessandra Guarini, legale ANMIL – di una sentenza dalla portata indubbiamente innovativa, posso solo dire che siamo di fronte a una decisione che ha voluto perimetrare la responsabilità dei datori di lavoro per affermare una responsabilità meramente di tipo imprenditoriale, che per la prima volta viene riconosciuta in via diretta anche a carico dei manager della società controllante. Se da un lato la Corte scolpisce la responsabilità degli Amministratori Delegati, dall’altro offre a Mauro Moretti la possibilità di avvalersi della prescrizione del reato di omicidio colposo nonostante la rinuncia fatta in appello. Per la Suprema Corte infatti quella rinuncia è nulla in quanto prematura ossia resa prima che maturasse la prescrizione del reato. Non mancano dunque stimoli per una riflessione sulle verità dogmatiche che questa decisione porta con sé”.
Guarini (legale ANMIL): “Le motivazioni di Viareggio perimetrano responsabilità dei datori di lavoro”
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