manslaughter. Who controls the operations Square is responsible for the dangerous situation created in the crowd When the party turns to tragedy is the master of ceremonies at the expense. During the procession a person dies after being overwhelmed by the crowd in a panic: the crowd is formed due to the enormous sprawl "chariot carrying the holy relics in confined spaces. So, who commanded operations in the square to be convicted of manslaughter. No ruling is the conclusion from 9926 11 March 2011, issued by the Fourth Criminal Chamber of the Supreme Court.
The chief and the fault
The festival was marred to Sant'Agata, which each year draws to Catania in February thousands of people for three days of celebrations dedicated to the patron saint of the town of Etna. The relics are carried by volunteers on a stand that weighs up to 21 tons. The disastrous choice of the "master of fercolo" who decides to respect tradition: the battery at a run along the slope of San Giuliano, without waiting for the road is clear, outcome, and died in hospital the next day the man walked out from the crowd of people fleeing. The conduct of the "team leaders" part in causality commissi: in a situation already at risk to public order, in fact, he introduces an element of danger, with the decision to set in motion with the scope of even size. And the risk, unfortunately, takes the form with the fatal accident. We can not exclude the blame: the master of ceremonies was expected to make a step tow charge would have resulted in half so heavy rash reactions among the thousands present.
vigilance
We come to the so-called 'risk possible. " There are legitimate activities "dangerous" where the harmful events are largely predictable and not always avoidable, however, the law authorizes them to their high social utility, as in the case of the oldest and most traditional celebrations. The fact that we can speak of a "possible risk", however, does not absolve those responsible for the operations observing the normal rules of caution. Rather, it reinforces the obligation.
Dario Ferrara (from cassazione.net)
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