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Road homicide

Aquitted in abridged procedure “for not having committed the fact” […], site manager, and […], technical director, of […] S.r.l., a subcontractor company of […] S.p.A., of the charge of conspiracy to commit vehicular manslaughter (articles 113 and 589 bis, Crim. C.) for causing the death of […], a young man of twenty-three years. According to the Prosecution, to determinate the death of the young man would have been a dip in the roadway, which, while he was driving his scooter, deflected its trajectory, causing him to crash to the ground.

The poor manner in which the excavation and resurfacing work of the road was carried out would have resulted in that insidiousness and constituted a causal link in the death, according to Prosecution.

The defense, with an examination of the sub contract agreement, work orders, and photographs of the accident, demonstrated how the water mains connection work carried out by the subcontractor company had, in fact, been carried out “in a workmanlike manner.”

Technical advices, including that ordered by the defense, excluded that the scooter’s trajectory had intercepted the dip being charged. This fact ultimately highlighted how the tragic event was due to external disturbances and independent of the excavation on the roadway.

Criminal Court of Rome, Section of Preliminary hearing Judge, public hearing on July 14, 2023, No. 52563/2018 N.R., 26684/2021 R.G. G.I.P.

Avv Carlo Zaccagnini | Studio Legale Carlo Zaccagnini - Roma e Milano

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