Derecho penal y siniestralidad laboralconcurso de infracciones

Zusammenfassung

Figuring among the set of offences that infringe employee rights, occupational accidents are linked to the assumptions contained in arts. 316 and 317, defined in the Spanish Penal Code. They punish imprudent or wilful acts that pose a serious risk to the life, the health or the integrity of employees by whosoever, in contravention of occupational health and safety regulations, should fail to put in place the appropriate safety measures for employees to carry out their work. As the above-mentioned offences require no actual infringement of the aforementioned rights (to life, to health or to physical integrity), but merely the risk of such, the question is raised of the juridical-criminal treatment of those cases in which, in addition to the risk, an actual infringement of such interests does indeed take place. In other words, a set of offences may be applicable due to the infringement of the aforementioned rights: alongside arts. 316-7, applicable to created risk, are those relating to homicide or damages for the actual loss of the legal rights concerned. The intention of this work is to show the different solutions to the legal question put forward, in cases involving the possible concurrence of criminal (and of administrative) infringements, in matters concerning accidents in the workplace. It also considers the assumptions that must be made in order to reach a decision on these matters, such as the links between related criminal offences, the judicial rights at stake and their relation to the legislative detail of offences causing danger.