THE BULLYING IS NOT 'CRIME Bullying is not an offense to which our penal code. So who unfortunately stumbled into bullying in the workplace, can only pursue a civil suit and seek damages. And 'what explains the Supreme Court (Fifth Chamber criminal sentence n.33624) confirming the decision of the preliminary hearing judge in Santa Maria Capua Vetere he had pronounced the case dismissed against a principal. The head teacher had been accused by a teacher of "serious personal injury due to voluntary permanent weakening of the organ mental function, "essentially bullying. The judge, however, had found" untenable "the argument, expressed by the prosecution and the expert, noting that it was not possible to identify an act which fell within the causes of the illness of the teacher. Against this ruling, the prosecutor and the injured party had turned to the Supreme Court, which, however, rejected the appeals. "With the concept of bullying - explain the Judges of the Supreme Court - can be identified through case concerns conduct that extends over time with the characteristics of persecution aimed exclusion of the worker, to consider a real persecutory conduct put in place by the head at work. "Difficult, however, frame the case "in a precise figure incriminating the absence within the Criminal Code this typification." The figure is closer to the connotations of crime characterizing bullying is explained in the ruling, "is described in Article 572 Criminal Code (abuse) committed by a person with authority for the exercise of a profession." In this case, the Supreme Court has therefore considered the correct and comprehensive justification given by the preliminary hearing judge, as "there is no vision - emphasizing the courts - what action could be considered illegal and causative of the disease by the teacher." Here is the full text of the Supreme Court:
Supreme Court - Decision No. 33624/2007
Studio Legale Giliberti
ITALIAN REPUBLIC ON BEHALF OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSAZIONE
Fifth Criminal Division
gives the following Judgement on the appeal brought by the plaintiff Iliana C. and the Public Prosecutor in Santa Maria Capua Vetere against the decision not to prosecute made by the judge for the preliminary hearing at the Court of Santa Maria Capua Vetere on 03.11.2006 against Joseph N. DE
Having heard the report carried out by the Cons. Gian Giacomo Sandrelli
heard the indictment of the Prosecutor General in the person of Cons. Joseph Febbraro concluded that the Court should reject appeals dej
in fact. They use
against the decision not to prosecute made by the Magistrate at the Court of 5. Maria Capua Vetere in the trial of Joseph N. DE both the PM. both the Civil Iliana C. , Both claiming to be the misapplication of the criminal law is the lack of motivation. The story concerns a long-standing quarrel between the prof. Iliana C. , Special education teacher at the Art Institute of San Leucio, and the school principal Joseph N. DE Which resulted in administrative litigation and, then, criminal. The indictment alleges in the present proceeding is voluntary serious injury because of the weakening permanent organ of the psychic function, behavior, essentially due, as expressed the parties in the conduct of harassment
The court ruling has made it essentially liberating feeling "unsustainable" thesis (expressed by CT.) fall within the concept of a lesion of the mere change in the mood to wait very common and transient nature and difficulty in identifying a measure to link eziologicamte disease.
Law
1) Both private parties and the judges call for the current event, the conduct of harassment. With the notion (that has emerged in judicial experience gliuslavoristica) of bullying can be identified through case concerns conduct that extends over a period of persecution with features aimed at 'exclusion of worker, to set up a real persecutory conduct put in place by the head at work.
The difficulty of framing the situation in a precise figure incriminating the absence within the Criminal Code this typification is derived - in this case - the erroneous context of the crime to the PM. The act of blaming is absolutely unable to describe the features of the action complained of.
supposed bullying conduct by a single act not so harmful, but a deliberate repetition of a number of attitudes even if not individually marked by criminal law, both converging to express the subject's active hostility toward the victim both in the effective ability to isolate and mortifying in the employee 'working environment.
Accordingly, the proof of its responsibility "must happen, the overall assessment of the episodes relied on as legal proceedings that can be proved detrimental to the systematic nature and duration of time, its objective characteristics of persecution and discrimination, specifically resulting from connotations emulator and pretentious "(see Cass. Civ., Sec. L, 6.2006, Meneghello / Uniedit Spa).
2) E 'port jurisprudence of this Court that an offense more next to the connotations that characterize the album. , Bullying is described art. Cp 572, committed by a person with authority for the exercise of a profession: it refers, in this sense, a factual situation comparable legally - in abstract line - with this Cass., Sec. VI, 22.1.2001, Grass.
If you accept that interpretation, it is clear that only the hypothesis dell'aggravante of that specific provision, it requires the identification of the pathological consequences due to illegal acts.
3) If this is the premise of law (cited by the parties in their appeals and the trial judge in the contested decision) can not be seen - in the protest made by the prosecution to the DE N. what action could considered illegal and causative of the disease of C. . There is no evidence - so - illogical observation of the judge who laments the absence of identification of the tortious acts, each of which is hardly capable of dealing with disease highlighted the disease itself is not characterized by results that can be allocated chronologically - with security - and with its onset , thus highlighting the author of the tort action and the circumstances affecting modal).
On the other hand, in the absence even of a continuing prospects of (the conduct is, however, disputed "until April 2003" without reference to Article. 81 para. Cp), is recognizably the very difficult relationship in art. 40 cp of a single injury or one ye say defamatory or intimidation (whose contours remain obscure, it is not absolutely specified nell'addebito the claim). The same appeal documents recall the number of hostile gestures, without, however, there is an indication of the same (if not unduly broken) in the formal accusation. It is therefore recognizably given the parameters of frequency and durability of hostile actions carried out by the active subject of personal injury, to assess their overall persecution and discriminatory character.
4) Neglecting already made with regard to the assessment of evidence, contrary to the opinion legitimacy of the complaints are unfounded because demand put forward by the GIP to consider a "recurrence" of pipelines, does not fully challenged, also referred to actions in themselves without directly affecting the integrity of the potential victim (such as insults, slander, etc..) or no evidence of objectively demonstrable results. For this reason, no notes or lack of motivation or lack of logic, given the radical insufficiency of the complaint to contain possible developments in hearing of the charge (well it could have, already in the preliminary hearing, the PM. To carry out more appropriate dispute) and possible to develop a compendium of evidence art. 422 cpp, mainly based on burden of accusation. The appeals are rejected, as follows from the condemnation of the plaintiff to pay the costs. PQM
rejects and condemns the actions the plaintiff to pay the costs. > P> Filed in the Registry on 29.08.2007
Firm Giliberti
The industrial district of tanning, a myriad of small and medium-sized manufacturing companies in the textile industry (processing of hides ovo-goats) in the heart of Green Irpinia, pour in a state of anguish! Are continuing at a pace now incessant redundancy, mobility, insolvency and bankruptcy! The economy of the district is showing all the signs of an irreversible structural crisis. The workers and small and medium-sized companies in the sector are paying a price unprecedented in terms of competition and tax burden, inspections, costs of production and purification. An entrepreneurial culture often marked by little sense of law (usury, exploitation of illegal labor, environmental pollution and non-compliance with safety and hygiene at work) and an unrestrained use of legal instruments typical of the payment (Checks, bills and other bonds) or the establishment and operation of the (system of Chinese boxes, dummy, limited liability companies, tax offenses). A dark picture but also shows the reality of excellence and healthy companies that are in the market for years and even in obvious difficulty, for the competition of foreign products and the existence of a number of socio-political and environmental causes is now endemic, resist and hold high the name of the Made in Italy. From the perspective of legal-economic factors typical of the weakness can be summed up in a district with little recourse to forms of cooperation and merger between companies, a credit system composed of very large financial groups often remote from local needs (Banca della Campania, Napoli Banco di San Paolo-IMI, Monte Paschi di Siena Bank Tower Graco lenders are permanently present in the municipal area), services to small and medium-sized companies mainly relied on professionals from outside companies, lack of a business center that can coordinate the district system, there are facts on paper. 
