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Will Costa Corporation also be prosecuted in the Courts?


philipb

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I have no knowledge of Italian Law, but if the Concordia tragedy had happened to an English corporation, then as well as prosecuting the Captain the Corporation itself would also face the prospect of being pursued in the Courts for a charge of manslaughter (under The Corporate Manslaughter and Homicide Act 2007). Is there similar legislation in Italy, I wonder? Any English-speaking Italians out there who can shed further light?

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No, under criminal law only persons may be prosecuted. That is what company managers are for, and probably the one that phoned the captain will have some things to explain. Just as an example, for the Thyssen steelwork in Turin that got fire in 2009 killing seven workers, the German CEO that did not care about safety managed to get sentenced to 16 years under the charge of homicide (the court considered manslaughter as too light a crime in this case, but this is quite rare and the trial is being appelled).

 

Of course, in civil courts corporations may be subject to judgement.

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If Costa is shown to be aware of the departure from Marseilles harbor in sixty knot winds, those who decided not to pull his license at that time may have some 'splainin' to do in court, no?

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