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Text Decree 231/180909.

legislative decree amending and supplementing THE DECREE November 21, 2007, No. 231, implementing DIRECTIVE 2005/60/EC ON THE PREVENTION OF THE USE OF THE FINANCIAL SYSTEM purpose of money laundering of the proceeds of crimes and terrorist financing, as well as Directives 2006/70 / EC WHICH INCLUDES MEASURES OF PERFORMANCE, PURSUANT TO ARTICLE 1, PARAGRAPH 5 OF LAW January 25, 2006, No. 29. THE PRESIDENT OF THE REPUBLIC Having regard to Articles 76 and 87 of the Constitution; Having regard to Directive 2005/60/EC European Parliament and the Council of 26 October 2005 on prevention of the use of the financial system for money laundering of the proceeds of laundering and terrorist financing; Vista Directive 2006/70 / EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC ; view of the law January 25, 2006, No 29 laying down provisions for the implementation of obligations resulting from Italy's European Communities - Community Act 2005, and in particular Article 1, paragraph 5, which includes the possibility of introducing provisions integrative and corrective legislative decrees issued pursuant to paragraph 1 within eighteen months from the date of entry into force of the decrees themselves ; Given the legislative decree dated 21 November 2007, no 231, implementing Directive 2005/60/EC on the prevention of the use of the financial system for money laundering of laundering and terrorist financing, and Directive 2006/70/EC which I went enforcement; Given the preliminary resolution of the Council of Ministers, adopted at the meeting of ________; acquired the opinions of competent Committees of the Chamber of Deputies and the Senate of the Republic ; Given the decision of the Council of Ministers, adopted at the meeting of _______; On the proposal of the Minister for European Policies and the Minister of Economy and Finance, in consultation with the Ministers of Foreign Affairs, Justice and Interior; ADOPTED the following legislative decree: ART. 1 2 (Amendments to Article 1 of Legislative Decree 21 November 2007, 231) 1. Article 1, paragraph 2, after the letter e) shall be inserted the following: "e-ha) 'current accounts': accounts held by banks, traditionally bilateral basis, for the settlement of interbank services (remittances, checks, bank drafts and , orders for payment , tours of funds, remittance documents and other operations); . 2. Article 1, paragraph 2, the letter n) is deleted. 3. Article 1, paragraph 2, letter o), the words "citizens of other EU states or non " are replaced by " residents in other EU countries or in countries outside the EU , "and the words" as well "are replaced by:" well. 4. Article 1, paragraph 2 , substitute the letter u ) with the following: " u) the beneficial owner: the person on whose behalf a transaction or activity is carried out, or in the case of legal entity, the person or persons who ultimately owns or controls such entities, that they are beneficiaries under the criteria in the technical annex to this decree ; ".. ARTICLE 2. (Amendments to Article 5 of Legislative Decree 21 November 2007, 231) 1. Article 5, paragraph 1, is added at the end the following sentence: " the report is attached FIU report referred to in Article 6, paragraph 5. . 2. Article 5, paragraph 3, letter b), after the word laundering the word "or" is replaced by following: " and . 3. Article 5, paragraph 3, letter b), the words: "The statistical data" to the words "persons pursued" are replaced by the following: "In particular it is for indicating the FIU, as less, the number of suspicious transaction reports received and action taken on these recommendations ; is the responsibility of the Financial Police and the DIA indicate, at least, the number of cases investigated, it is for the Ministry of Justice indicate, at least, the number of persons prosecuted . ART. 3 (Amendments to Article 6 of Legislative Decree 21 November 2007, 231) 1. Article 6, paragraph 4, last sentence, replace the words' to parliamentary committees "with the words" Parliament . 2. Article 6, paragraph 5 is replaced by the following: "5. later than May 30 of each year the Director of the FIU forward to the Minister of Economy and Finance for onward transmission to Parliament, a report on its activities, together with a report of the Bank of Italy in regard to funding and resources devoted to the UIF. . 3. Article 6, paragraph 6, after the letter e) shall be inserted the following: " e-ia) on the reporting of suspicious transactions , issue instructions to be published in the Official Gazette of the Republic Italian data and information that must be contained in reports referred to in Article 41. . ARTICLE 3. 4 (Amendments to Article 9 of Legislative Decree 21 November 2007, no 231) 1. Article 9, paragraph 6 is replaced by the following: "6. The supervisors of the industry, relevant administrations and professional bodies in the exercise of their functions inform the institutional FIU case of violation of the provisions of this decree could be related to money laundering or terrorist financing recorded against person referred to in Articles 10, paragraph 2, 11, 12, 13 and 14.. " ART. 5 (Amendments to Article 11 of Decree Legislative November 21, 2007, No 231) 1. Article 11, paragraph 1, letter n) is replaced by the following: n) branches established in Italy of the persons mentioned in the preceding paragraphs which are incorporated in a foreign country. " 2. Article 11, paragraph 2, point d) is deleted. 3. Article 11, paragraph 4, shall read as follows: "4. Notwithstanding the provisions of Article 5 of the law on the protection of personal data, the entities referred to in paragraphs 1 and 2 establish that their branches and subsidiaries in non-EU countries, apply measures equivalent to those laid down by the Directive on the conservation and diligence. If the law of non-EU country does not permit application of measures equivalent, the individual referred to in paragraphs 1 and 2 are required to give notice to the supervisory authority of sector , in Italy and to take additional measures to deal effectively with the risk of laundering and financing of terrorism .. 4. Article 11, paragraph 6, is replaced by the following: "6. The policies and procedures established under Section 4 above shall be communicated to the supervisory authority in the field.. ART. 6 (Changes in Article 12 of Decree Legislative November 21, 2007, 231) 1. Article 12, paragraph 1, letter a), after the words "in the '" words "of accountants and experts trade in the '"are deleted and after the word" accountants "are inserted following:" and the accounting profession. " 2. Article 12 paragraph 1, letter b), the words: "task in accounting and taxes" are replaced by "even against its own members or members, activities in the field of accounting and taxation , including associations of entrepreneurs and traders, and CAF patronage. " 3. Article 12, paragraph 3, the words "observed" are replaced by " there and the words" income tax "shall be replaced by" statements tax obligations arising from "and the words" in Article 2, first paragraph, of Law 11 January 1979, No 12 "are replaced by" of Law January 11, 1979, No 12 . 4. Article 12 after paragraph 3 is added as follows: " 3-bis. The members of the supervisory bodies of any description, as governed by this Decree and subject to compliance with the provisions of Article 52, shall be exempt from the requirements of Title II, Chapters I, II and III.. ARTICLE 4. 7 (Amendments to Article 14 of Legislative Decree 21 November 2007, 231) 1 . Article 14, paragraph 1, after the letter e) shall be inserted the following: " e-ia) of games offered, betting or pools with cash prizes, even in the absence Permissions issued by the Ministry of Economy and Finance - Autonomous Administration of state monopolies, under Article 1, paragraph 539, of Law December 23 2005, no 266. . ART. 8 (Amendments to Article 15 of Legislative Decree 21 November 2007, 231) 1. Article 15, paragraph 1, letter b) replace the words "connected or split" with " among their associates to engage in a transaction split . 2. Article 15, paragraph 2, replace the word 'connected' with the word 'split'. ART. 9 (Changes in Article 16 of Legislative Decree 21 November 2007, 231) 1. Article 16, paragraph 1, letter b ) replace the words "connected or split" with " among their associates to engage in a transaction split . 2 . Article 16, paragraph 2, the words "customer identification and verification" are replaced by " due diligence reviews and monitoring " and the letters: "a) , d) and e) "are replaced by " c), d) and e) . ART. 10 (Amendments to Article 17 of Legislative Decree 21 November 2007, 231) 1. Article 17, paragraph 1, letter b ) replace the words "connected or split" with " among their associates to engage in a transaction split . ART. 11 (Amendments to Article 22 of Legislative Decree 21 November 2007, No 231) 1. Article 22 is replaced by the following: " ART. 22 (mode) 1. The obligations of customer due diligence is applied against all new customers. 5 to their customer base those obligations apply to the first contact useful, subject to the risk-sensitive .. " ART. 12 (Amendments to Article 23 of Legislative Decree 21 November 2007, 231) 1. Article 23, the numbering of the paragraphs: "3, 4 and 5" is replaced by: " 2 , 3 and 4 . 2. Article 23, paragraph 2, as renumbered by paragraph 1, reads as follows: "2. Prior to the reporting of suspicious transactions to the FIU within the meaning of Article 41 and to to allow the exercise of any power of suspension in Article 6, paragraph 7, c), entities and persons subject to this Order shall refrain from carrying out transactions for which there is a suspect related to money laundering or the financing of terrorism.. 3. Article 23, paragraph 3, as renumbered by paragraph 1, the words, "agencies and persons subject to this decree shall inform the FIU immediately after performing operation "shall be replaced by" remains an obligation to immediately report suspicious transaction under Article 41 ". ART. 13 (Amendments to Article 24 of Legislative Decree 21 November 2007, 231) 1. The heading of Article 24 is replaced by the following " gaming activities . 2. Article 24, paragraph 2, the words" April 30, 2008 "shall be replaced by," 30 April 2010 . 3.On 'Article 24, paragraph 4: a) the words "of casinos on line" are replaced by " games " b) the words: "e)" are replaced by "e- aa) " c) after the word "euro" shall be inserted the following: " , in the manner described in paragraph 3. The operators engaged in the management activities of casinos online, listed in Article 14 paragraph 1, letter e), shall carry the identification and verification of 'identity of each customer amount in excess of 1,000 € . ART. 14 (Amendments to Article 25 of Decree Legislative November 21, 2007, No 231) 1. Article 25, paragraph 1, after the words "Section I " contains the following: " , except those referred to in subparagraph c) of Article 15, the d) Article 16 and the letter c) of Article 17 ". 2. Article 25, paragraph 1, after the letter c) is added as follows: " c-bis) a company or other body whose securities are listed on the admitted to trading on a regulated market under Directive 2004/39/EC in one or more Member States , which is a listed company or other body of a foreign state subject to any kind of communication comply with Community law. . ARTICLE 6. 15 (Amendments to Article 28 of Legislative Decree 21 November 2007, 231) 1. Article 28 , paragraph 4, letter a), after the word "extent" is inserted as follows: " credit " after the words "subject," the words: "Base, its reputation and quality are deleted. 2. Article 28, paragraph 4, letter e), after the word "data" contains the following: " the customer and the beneficial owner . 3. Article 28, paragraph 5, the words "third country" shall be replaced by " State extra . 4. Article 28, paragraph 6 reads as follows: "6. Financial intermediaries can not open or maintain correspondent accounts even indirectly with a bank of comfortable." ART. 16 (Amendments to Article 30 of Legislative Decree 21 November 2007, 231) 1. Article 30, paragraph 1, letter a), are added to end, the following words: " and their branches in non-EU countries that apply measures equivalent to those of Directive . 2. Article 30, paragraph 1, letter c), the words "in non-EU members of the Group provided Financial Action Task Force (FATF) and branches in these countries Italian banks and other States Parties to the FATF "are replaced by" in non-EU Member apply measures equivalent to those of Directive .. 3. Article 30, paragraph 1, letter d), the words "Article 12, paragraph 1" are replaced by the following " Articles 12, paragraph 1, and 13, paragraph 1, letter b), . 4. Article 30 after paragraph 3 shall be inserted the following: "3 - ca. The certificate may also consist in the sending, by means of computer systems, data identity of the customer by the intermediary who has provided the identification by direct contact. . ART. 17 (Amendments to Article 31 of Legislative Decree 21 November 2007, 231) 1. Article 31, the end paragraph 1 and paragraph 2, the word "introduced" is replaced by the following " presented . ART. 18 (Amendments to Article 32 of Legislative Decree 21 November 2007, 231) 1. Article 32, paragraph 1, letter b), the word "are" is replaced by: " are " and word "impose" is substituted: " requires "and to end, the words" this 7 decree "shall be replaced by" Directive . ART. 19 (Amendments to Article 34 of Legislative Decree 21 November 2007, 231) 1. Article 34, paragraph 1, the word "introduced" is replaced by " was presented." 2. Article 34, paragraph 2, the word "introduced" is replaced by " was presented." ART. 20 (Amendments to Article 36 of Legislative Decree 21 November 2007, 231) 1. Article 36, paragraph 1, letter a), after the words "customer" shall include the following: " and beneficial owner." 2. Article 36, paragraph 2, letter a), after the words "customer" shall include the following: " and beneficial owner." 3. Article 36, paragraph 2, letter b), replace the words "connected or split" with " among their associates to engage in a transaction split . 4. Article 36 after paragraph 2, insert the following: "2 - ca. Intermediaries in Article 11, paragraph 1, recorded in the manner specified in this Chapter and retain for a period of ten years, even the operations of less than € 15,000 in relation to which the financial agents of Article 11, paragraph 3, d), are required to comply with the requirements of customer due diligence under Article 15, paragraph 4. . 5 . Article 36, paragraph 3, words: "the opening, and the variation of the end" are replaced by " opening, closing and change " after the words "ongoing relationship " is inserted the following: " acceptance of office or professional knowledge to any next more information," and the words "the end" are replaced by " after . 6. Article 36 after paragraph 6, The following is added: " 6 - ca. The provisions of this Chapter do not apply in cases of obligations simplified customer due diligence for in Article 25. . ART. 21 (Amendments to Article 38 of Legislative Decree 21 November 2007, 231) 1. Article 38 after paragraph 1 the following: " 1-bis. The persons referred to in paragraph 1 recorded promptly and in any case within thirty days acceptance of office professional knowledge from any subsequent additional information or the end of the professional service, the data set out in Article 36, paragraph 2 stop the ongoing validity of identity documents. . 2. Article 38 after paragraph 6 shall be inserted the following: " 6-bis. Professional bodies identified under Article 43 which entities self-regulation of professions may establish by decree of the Minister of Finance in consultation with the Minister of Justice storage systems computer acts 8 public and authenticated, certified copies of their information and for whatever reason they arising out of or related to them so that they can be used for any investigation into money laundering operations or financing of terrorism or to the corresponding analysis. implementation of this subparagraph shall be without new or increased burdens on public finances . ART. 22 (Amendments to Article 39 of the Legislative Decree 21 November 2007 No 231) 1. Article 39 in the book after the letter "d)" shall be inserted the following: " , e-bis) . 2. Article 39, paragraph 1, after the words "d) and" shall be inserted the following: "the letter ea) to . ART. 23 (Amendments to Article 40 of Legislative Decree 21 November 2007, 231) 1. Article 40, paragraph 2, the words "according to a risk-based approach" and the words: " including through direct access to the archive single computer" is deleted and, finally, is added the following sentence: . "The FIU shall verify compliance with the obligation referred to in this article also single computer with direct access to the archive. . ART. 24 (Amendments to Article 41 of Legislative Decree 21 November 2007, 231) 1. Article 41, paragraph 1 shall be inserted the following: " 1-bis. The content of the messages is defined with their instructions from the FIU under Article 6, paragraph 6, e-bis). . ART. 25 (Amendments to Article 45 of Legislative Decree 21 November 2007, 231) 1. Article 45, paragraph 3 after the words "the person who issued the alert" contains the following: " and those, however, addressed the obligations under Article 10, which the reporting is connected " . 2. Article 45, paragraph 3, letter a), after the words "financial intermediary" is inserting: "and those, however, addressed the obligations under Article 10, which signal is connected." 3. Article 45, paragraph 6, after the words " individuals " by inserting the following: " and subjects addressed, however, the obligations under Article 10 " . 4. Article 45, paragraph 7, after the words " individuals " by inserting the following: " and subjects addressed, however, the obligations under Article 10 . 5. Article 45, paragraph 8, after the words " individuals " by inserting the following: " and subjects addressed, however, the obligations under Article 10 " . ARTICLE 9. 26 (Amendments to Article 46 of Legislative Decree 21 November 2007, 231) 1. Article 46, paragraph 4, the words "from this decree "shall be replaced by" by Directive . 2. Article 46, paragraph 6, the words "provided that they are situated in a third country which imposes requirements equivalent to those provided by this decree "shall be replaced by" although located in non-EU countries provided that they apply measures equivalent to those laid down by Directive " . ART. 27 (Amendments to Article 47 of Legislative Decree 21 November 2007, 231) 1. Article 47, paragraph 1, the words, "FIU in relation to reports received" are replaced by " The FIU, the Financial Security Committee hearing, setting out the criteria for the ' deepening of the financial reports of suspicious transactions and perform the following activities . ART. 28 (Amendments to Article 48 of Legislative Decree 21 November 2007, 231) 1. Article 48, paragraph 4, in the end the words "paragraph 1" are replaced by " paragraphs 1 and 3 . ART. 29 (Amendments to Article 49 of Legislative Decree 21 November 2007, 231) 1. Article 49, paragraph 1, the words "operation, even split," are replaced by following: " transfer object " after the words "12,500 euro." shall be inserted the following sentence: " The transfer is forbidden even when it is made with multiple payments below the threshold that appear artificially divided. . 2. Article 49, paragraph 14, after the words "the transferee" shall include the following: " , acceptance of these . ART . 30 (Amendments to Article 52 of Legislative Decree 21 November 2007, 231) 1. Article 52, paragraph 1, after the words "this ensure decree "shall be inserted the following : ", each within its powers and skills. " 2. Article 52, paragraph 2, letter d), the word" FIU "is replaced by" authority 10 supervision of the sector.. ARTICLE 31. (Amendments to Article 53 of Legislative Decree 21 November 2007, 231) 1. Article 53 , paragraph 2, after the words "professionals in Article 12, paragraph 1, b) and d)" insert the words " , auditors under Article 13, paragraph 1, letter b ) . 2. Article 53, paragraph 3, after "therein" shall be inserted the following: " on professionals listed in Article 12, paragraph 1, letter a) and c) . ART. 32 (Amendments to Article 54 of Legislative Decree 21 November 2007, n. 231) 1. Article 54, paragraph 1, is added to end the following sentence: " The details of these measures are identified by professional bodies.. ART. 33 (Amendments to Article 56 of Legislative Decree 21 November 2007, No 231) 1. Article 56, paragraph 1, after the number "61" the words "paragraph 1" are deleted. ART. 34 (Changes Article 57 of Legislative Decree 21 November 2007, 231) 1. Article 57 after paragraph 1 the following: " 1-bis) The violation of the requirement in Article 28, paragraph 6, shall be punished by the penalty administrative fine ranging from 10,000 to 200,000 €.." ART. 35 (Amendments to Article 66 of Legislative Decree 21 November 2007, 231) 1. In Article 66 after paragraph 9 is added at the end, the following: " 9-a) The operators engaged in the fixed assets of state gaming reserved by the State shall be bound by the obligations provided by this decree from the date of 1 March 2010. . ART. 36 (Entry into force ) 1. This Decree shall enter into force on the day following its publication 11 in the Official Gazette of the Italian Republic.

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Regulations: The house plan becomes three: expansion, mortgages, vacation

The last in order of time is the announcement of a hundred new town, city neighborhood with housing for sale to young couples with interest loans. With this project - Examination of which began last Thursday in the Council of Ministers - made in house construction plans by the government rose to three. The first is for the owners of chalets and apartments located in small buildings: the definition of detail is left to the local regulations in 12 regions and will soon give way to those tasks in the other hand, it was not until the launch of the laws. . The second floor is to house started in July with an allocation of € 350 million for social housing. The beneficiaries, in this case, there are small landowners, but all those people who fail to support the mortgage payment or rent: young, old, families in eviction, immigrants. The aim is to stay five years and 100 thousand in the coming days should be considered the working group will deal with real estate funds. It is designed for young couples, however, the top floor, one that focuses on the implementation of the new town. The project, yet to be defined in detail, involves the use of public lands and buildings formerly IACP, which could be sold to young people or replaced by new buildings. source Ilsole24ore BUILDING

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Regulations: Cars and appliances, incentives final

becomes law the economic stimulus package-a. Bonus for "gassing" only the old cars. But new rules for temporary final green of the Senate economic stimulus package-a. What began as a "decree-saving cars," in its final version provides a partial reduction of incentives for this sector. But the news is different than the first version. Let's see in detail what changes for consumers, users and workers. Cars, eco-restricted transformations less worthwhile to install the gas system on your car. The contribution of 500 € to 650 € for LPG and natural gas will be granted only for the most polluting cars (Euro 0, 1 and 2). and not all categories of vehicles, regardless of the date of registration, as happens now. However, it remains confirmed the bonus of 1,500 € for those who buy a car to LPG or CNG, having scrapped its old polluting cars. Bonus in addition to that - ever € 1500 - provided for the purchase of a car Euro 4 or 5. fontesalvadanaio.economia.virgilio.it DL CRISIS

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TAR: Permission landscape, cancellation and legitimate expectation of

Judgement TAR NAPOLI 14/05/2009 No 2657. The cancellation of the authorization office landscape relating a project to adapt to a liquid waste treatment plant is unlawful if they are contrary to the legitimate expectations ingeneratosi interested in the subject on account of time spent after authorization. source Registrogiuridico.it ADMINISTRATIVE LAW

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Regulations: Weapons sharper against money

is made more pressing the fight to combat money laundering. The Council of Ministers approved the decree, pursuant to a European directive of 2005 on the prevention of the used financial system for the purpose of money laundering and terrorist financing. The measure aims to make more effective framework in place, overcoming doubts of interpretation and simplification of the national regulatory framework. The legislative decree have welcomed the committees. source IlSole24Ore PRIVACY

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RULES : PEC and public administration, the suspicions of a contract is unclear

The Courier Communications has devoted a long piece yesterday, but the network has been discussed for weeks in the PEC and the invitation to tender for the supply mailbox certified to Italian citizens, as promised by the Minister Brunetta. Unclear that the contract should govern the submission of tenders for a total budget of 50 million Euro, which will be paid directly by Italian citizens. A smile is mainly to qualify for participation for the race: "The text launched by the Ministry of Public Administration and Innovation provides fact that they can join the race those companies that have implemented management services for the exchange of computer data, electronic mail or Pec, management of application software and customer support for at least 15 million euro in the last four years and at least five 'last year. And also - and here is close to the number of possible candidates - are prompted for a network of offices can provide access to at least 80% of Italian municipalities with a resident population of more than 10 thousand inhabitants, and open to the public from Monday to Saturday from 9 to 13 at least. "cites the Courier Communications. seems clear that few companies, even the web hosting and services, can ensure compliance with these conditions, it seems rather obvious that one company could comply with them and this is Italian Poste Spa. But is not the only problem, while in fact the supply of these boxes already seems to be intended to put national affair, the other has created confusion about the very definition of PEC, the Ministry has in fact agreed to the introduction of other methods information exchange "safe", CEC-PEC (certified electronic communication between public administration and citizens) should be made of the alternative or supplement to the PEC that we have experienced in recent months. From what we read, one should be given to communications between citizens and public bodies and other communications between citizens and all other entities, not public. In these weeks have been several articles on the net to reiterate the numerous contradictions in the system wanted to PEC by the Minister, in addition to particular adversity against a notice that seems to have already scored the winner (the completion date is September 16, 2009 ). While eligible to participate in shrink to a small number of companies that will submit the request on the other hand it is true that the latter may include a number of other services which breached the 50 million euro allocated and who will fall back on account of citizens. source hostingtalk.it Telecommunication Law

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Regulations: Inland Revenue gives 130 pc to schools and nonprofits

The Inland Revenue has published a notice on the website www.agenziaentrate.gov.it that offers free 134 laptops no longer 'fit for the complex work of their officials. To ask the question you need to send an email via certified mail to the box ufficiotlc@pce.agenziaentrate.it, starting from 11 October 5 and no later than 11 October 16, 2009. The request will need to specify the name and tax identification number (or VAT) the entity specifying the address for the communication of Pec by the Agency and the number and type of computer you want. Each institution may ask maximum of 10 PCs. The priority in the allocation of PCs will be given to voluntary organizations of civil protection enrolled on the registers and public schools. Followed by other government agencies such as health facilities, law enforcement, non-profit organizations. For details of the call, you can 'write ae.2009.129353 @ agenziaentrate.it. source Agenziaentrate.gov.it TAX LAW

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Regulations: Energy certification of buildings: further clarification of Notaries

Document National Council of Notaries August 3, 2009 The National Council of Notaries back on energy certification of buildings . From 1 July 2009 - explain the Notaries - all properties must have energy performance certificates (ACE) (as required in Art. 6 of Decree No. 192/2005), regardless of era of construction and the working surface , without prejudice to dispose of a property does not have an ACE. Since July 25 is in force, the Decree of the Ministry of Economic Development on 26 June 2009 which sets out the detailed national guidelines on energy certification and means of coordination and cooperation between state and regions. The goal is to make transparent the energetic quality of buildings, to ensure efficiency, energy savings and greater security for citizens who purchase a home, but also to promote adequate levels of quality certification services, ensuring their use and spread evenly throughout the country. Article. 3 co. 3 of the Guidelines, provides for their implementation in the regions and autonomous provinces that have not yet done so to adopt their own energy and certification tools, however, until the entry into force of these instruments. The enactment of national guidelines - make clear the Notaries - puts an end to the transitional period, governed by. 11 co. 1-bis of Decree 192/2005, making it mandatory for the final disposal the Qualification Certificate Energy (AQE) in favor of energy performance certificates (ACE). The Certificate of Qualification Energy used up to now lose their effectiveness after twelve months from the issuing of national guidelines, therefore, from 26 June 2010, the energy certification of buildings will be left solely to the models of ACE prepared as Annex 6 of the Decree . Until then, the buildings already have dell'AQE will continue to run with that certificate, but by June 26, 2010 to transfer for consideration will need to replace the said attestation is now ineffective, with a new document, the 'ACE , containing the indication of the efficiency of the building and the Subject CA. with reference to the certification, National guidelines refer to the following presidential decrees that define the professional qualifications and accreditation criteria to ensure the qualification and independence of experts and bodies entrusted with the energy certification of buildings and inspection of air conditioning. Pending these decrees, in regions that have legislated on the matter or energy whose legislation is awaiting implementation, according to the Notary, must apply the national legislation envisaged in paragraph 6 of art. 18 of Legislative Decree no. May 30, 2008, No 115. One of the most innovative aspects of the Guidelines, is the definition of the scope of Legislative Decree 192/2005 and subsequent amendments, in order to different properties. The All. A decree provides, in paragraph 2, the 'application of disposizini to all buildings of the categories mentioned in Article 3 of Presidential Decree of 26 August 1993, n.412, regardless of the presence or absence of one or more technical systems explicitly or obviously dedicated to one of the energy services that are required to calculate performance. Among those categories not covered garage, basements, garages, parking decks, warehouses, seasonal structures to protect sports facilities, etc.. if not exclusively, portions may be used as offices and similar, if separable effects of thermal insulation. Finally, the paper examines the Notarial the provision in paragraph 9 of the Covenant. A, whereby, for properties of floor area exceeding 1000 square meters, the owner of "aware of poor power quality of the building, equip it instead of the ACE, may be used in a self-declaration stating: - the building is energy class G; - costs for energy management of the building are very high. 's self-declaration is an alternative to ACE to make budget for the transfer of the property. The note states that the fact that the property can be transferred with the self-declaration, does not change the conclusions reached by the National Council of Notaries in the Studio No 334-2009 / C to the admissibility of the stipulations which the parties determine how to fulfill the obligation of endowment. The source Sole24ore CONDOMINIUM

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COURT OF AUDITORS: July 1, Control prior review by the Court of Auditors

Close decisive in the fight against the illegal external mandates has been unleashed by the co. Article 30. 17 Dl of the recent "crisis" 1 July 2009 No 78. This is a provision which, although it is part of a heterogeneous set of rules - the art. 17 is generally entitled "Public sector: savings, checking, Court of Auditors", and is included in Part II, "budget" - appears from the very beginning of significant impact. Introduces a novel art. 3, para. 1 of Law 20/1994, in which two groups are included in the documents from 1 July 2009 should be placed under the control of legality of the Court of Auditors: acts and contracts referred to in art. 7, co. 6 of Legislative Decree 165/2001 (f-bis), documents and contracts for studies and consultations in art. 1, para. 9 of Law No 266/2005 (f-b). With an abrupt turnaround, the legislature opens the control of legality and harnesses in its rigid mesh the process of transfer of external mandates, which in recent years have become one of the most common items of damage to the Treasury. The proven inability to leave the work of public administrators in this sensitive area to the screen only after the Prosecutor of the Court of Auditors, which is necessary only when the damage is already done, has led him to conceive the allocation of office to third parties as entirely subject to the condition precedent of enforcement of the Supreme Board of Auditors. The desired result is that from now on will no longer frequent the illegal external advice. As is known, in general - in fact, the procedure may be more or less complex - subject to preventive control measures take effect if the Court does not emphasize the non-compliance with the law within 30 days of receipt. It will be the accounting court to "authorize" the outer office and there will be more room for freedom of directors, which prior to Decree No. 78/2009 were required to establish and prove that the instruction was consistent with the parameters set by the legislature, with the obvious ability to move within the gray areas that allowed payment for unnecessary and illegal assignments. source Il Sole 24 ore ADMINISTRATIVE LAW

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Regulations: Breastfeeding father even if his wife is home

Ministry of Labour, Lett. circular of 12 May 2009 paid daily schedules permits are governed by Article. Decree 39 of March 26, 2001, No 151. These permits allow the absence from work, during the 1st year of life of the daughter or son, for 1 or 2 hours per day, depending on the work schedule is less than 6 hours, or less than. They are available in a single period or even usually divisible into two periods, must be formally notified in advance to your employer who is required to do so. Hours of breastfeeding should be enjoyed every day at the times you want and can not be combined across multiple days and be enjoyed in a later or earlier in the day than those to which they relate. You remember, then, that in the event of a multiple birth, rest periods are doubled and the additional hours in art. 41, You may also be used by his father. The daily rest not result in any pro rata reduction in holidays and thirteenth month, continuing to compete for workers entitled to pay in full, in relation to the effective use of these permits, in itself indispensable. The rest of the day father The Consolidation Act on protection of motherhood and fatherhood, contained in Legislative Decree 151/2001, after disciplined art. 39 entitled to daily rest periods of working mothers during the first year of the child's life, strictly fixed assumptions and conditions that give rise to the same right to his father, in particular: a) when the child is entrusted exclusively to the father; b) alternative his mother an employee who does not take advantage; c) when the mother is not a worker; d) in case of death or serious illness of the mother. The explanations INPS So far, the father could not enjoy the hours of daily passes because when his wife was a housewife to working mother employees not it was intended mother worked as a self-employed (craftsmen, shopkeepers, farmers, colon, Mezzadra, farmer training, and freelance parasubordinate) and mother who was in a state of unemployment. This interpretation was confirmed by INPS by Circular No 8 of 17 January 2003 and the next No 95-bis of the September 6, 2006, which expressly denied the father's right to rest days if the mother is not working, because - it says that right-of his father continues to be "derived" from that of the mother and whether the mother did not have the right, as no employee has the right not even the father. The jurisprudence was different address instead of the prevailing administrative justice, to include in the favorable case of "employee working mother" the woman home. The sixth section of the State Council, in fact, by Decision No 4293 September 9, 2008, recognized recently by the working father with a wife the right home to enjoy the daily rest periods. The constitutional body has come to this conclusion by considering two aspects: the fact that many areas the figure of the Order regarded as home-working (see Court of Cassation, sez. III, No. 20324 of October 20, 2005) and then purpose of the provision itself. The latter was created to give support to the family and maternity benefits as provided by art. 31 of the Constitution and, therefore, primarily to ensure the care of the newborn when the mother (even if not employed or self) is engaged in such activities that can distract even the daily care of home and family. daily rest period (ex allowed for breastfeeding) By 1 year of age the child can recognize the mother (Article 39): • 2 hours per day even if the cumulative time is less than 6 hours • 1 hour if the time work is less than 6 hours • 1 hour when the worker qualifies for the nursery or other suitable structure, established by the employer holding multiple birth (Article 41).: rest periods are doubled and hours in addition to those described above can also be used by his father The rest are recognized to the working father (Article 40): • when the child is entrusted to the father instead of the mother • Employees who did not take advantage • when the mother is not working employee • in case of death or serious illness of the mother Assuming mother working employee, the employee must also be taken home (see Council of State , sect. VI, No. 4293/2008, Supreme Court, sect. III, No. 20324/2005 and circular of the Ministry of Labour on 12 May 2009) The daily rest periods are unpaid, do not involve any reduction or leave the Thirteenth months. If the mother is on parental leave, the father has no right to enjoy the daily rest If the father is on parental leave, the mother can use the rest Daily If the mother is on maternity or parental leave (only in the case of multiple births), the father can use the additional hours in art. 41 source Il Sole 24 ore LABOUR LAW

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RULES: F24, broad new tax codes for compensation in excess

Revenue Agency Resolution 14/09/2009, No 246 / E concern the amounts recovered by withholding the bonus paid to low-income taxpayers 9761, 9762, 9763, these three new codes established to pay tribute, through F24, the amounts due as a result of communications sent Revenue Agency at the conclusion of the statements made automatic (Article 36-bis of Presidential Decree 600/1973) and in compensation for the increased use of amounts recovered by withholding the payment of the tax credit provided for in Decree Law 159/2007 for taxpayers with low incomes. Resolution No 246 / E of 14 September states that must be used to replace the 9001 code in the event that the taxpayer intends to pay only part of the total amount requested, not using, therefore, the payment model pre-built annex to the statement submitted by the Administration . In this case, it must be compiled a F24 that contains, in the "Treasury", the code specific tax, penalties and interest, at the amounts indicated in column "amounts paid to debt." source nuovofiscooggi.it TAX LAW

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CASSAZIONE: The mother of the bride takes a profanity-ruin families? Outburst justified "

Mother of the Bride? If you see go up in smoke because the marriage of the daughter of another can easily cover insults the mistress of the genre. The authoritative approval comes from the Supreme Court that, in practice, establishes the principle that parents can give a hand to children betrayed, at least in terms of the outburst. The offenses, say 'ermine', are covered by the outcome of the provocation, and then be acquitted, because ' "Attachment to the injured" is that "to justify a state of anger and then the reaction attack." La Quinta Criminal Division (Case 34247) has acted as paid by sending a mother of Cosenza, in order to defend the honor of her daughter betrayed, was presented by its rival, the mistress of the son-dicendogliene of all colors. A Calabrian mother was over on trial on charges of threats and insults (was acquitted by the justice of the peace in Acre in November 2008 with the formula 'because the crime does not exist') because, addressing a young man, guilty of "having stole the husband of his daughter, "he told her: 'you limbs', 'ugly bitch'. Against the acquittal of the mother, and 'turned the Supreme Court, the Prosecutor at the Court of Cosenza to ask for costs. The Supreme Court rejected the prosecutor's action and noted that "extenuating circumstance" under Article. Cp 599, is "also applicable in cases where the agent's reaction has been directed against someone other than the cause, when it is linked by relations such as to justify the offended, like the common rules of experience, the state the reaction of rage and then attack. " And the anger of a parent who sees go up in smoke the marriage of his son, says Piazza Cavour, is to understand. source studiocataldi.it DIRIRTTO FAMILY

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Regulations: Radiation vehicle from the PRA, everything stopped if there is record of impounded

Circular ACI 01/09/2009, No 10649/09. With specific indication in the face of a question put by the ACI, the Ministry of Economy and Finance - Department of Finance - Directorate Fiscal Federalism has provided new and relevant information on the nature of administrative detention and the implications arising from it- , stating at the outset that the same protective function has, therefore, keep the property on which it is affixed. Consequently, with that note, ACI has been invited to "... not to accept the request for cancellation of a motor vehicle from the public register if they are still writing an administrative detention." The authorized shredders are therefore required to check in advance if the vehicle is weighed down by administrative detention since joined the PRA in the presence of that burden, you can not go to the record of the radiation. The Daily source Ipsoa ADMINISTRATIVE LAW

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Regulations: Inail electronic procedure for casual work

How telematics Inail for work performance occasionally. From September 7, 2009 has been active on the portal www.inail.it (section point Customer) an online process to communicate information related to the Institute for the performance of an occasional accessory. The procedure is in addition to existing channels (fax, contact center INPS / INAIL) and allows for both the first communication of any subsequent changes. Instructions on the electronic procedure is contained in a circular signed by Director of Central Inail, explaining how, as a result of recent regulatory action, the audience of stakeholders by the provisions for casual work, has "extensive both in terms of subjective that objective. " "In fact - is still going round the Inail - work performance enhancement, initially planned as an occasional nature of work activities carried out by individuals at risk of social exclusion or at least not yet entered the job market or about to leave , have been rendered potentially accessible to all workers concerned and not just the 'weak'. " Under the law, clients benefit occasional accessory type are required to communicate Inail, before the performance, data the site and the benefit period and their biographical data and the provider, even if changes in the work period (cessation or alteration of the period). The National Institute of accident insurance is considered, therefore, the ' expansion of the scope of application of this type of contract and in order to simplify formalities for the user, has prepared a special electronic procedure of acquiring the complaints registered, which is in addition other services such as free fax number and contact center 800,657,657 INPS / Inail number 803164. The online registration form available at www.inail.it, in the Point Client, allows the first communication DNA and any subsequent changes. They are also preset for the possible types of activities in which the work is applicable accessory. source AdnKronos.com LABOUR LAW

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CASSAZIONE: Pay the damages that the company does not give permission to the professional courses

more protected workers' loss of chance. In fact, the company must compensate the employee who does not grant permission for external professional courses. It is clear from the ruling of the No Supreme Section 19682 by which the work has confirmed the compensation of an employee of a clinic which had not been granted permission for 150 hours of professional course outside, organized by region. source cassazione.nET LIABILITY 'CIVIL

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RULES: ENSURING PRIVACY: Upload the pictures on the wharf at Villa Certosa

Press Guarantor for the protection of personal data 11/09/2009. photos that depict Berlusconi and his family on the wharf at Villa Certosa, and on some beaches were published. "It starts to drop one of the pillars of the Berlusconi remarks on the former CNR Media Supervisor Stefano Rodota. Pictures of Berlusconi on the wharf at Villa Charterhouse and those with his family on a pier and a beach, published in August, "does not constitute, in contrast to what happened in other cases, unlawful processing of personal data." This was stated by the Privacy. The Authority '- continues the statement - said that the places where they were shooting the pictures are exposed, by their nature, visibility' of third parties and as such, in conformity 'to what the Court of Cassation can not be considered in areas where it can boast 'a reasonable expectation of intimacy' and confidence '. "It' s been so willing" to close the report submitted at the time. " " begins to fall one of the pillars of the strategy Berlusconi: what I call the abuse and instrumental to the call to Privacy. "He said speaking on average CNR Stefano Rodota, a former data protection commissioner and professor of Civil Law at the University of Rome, referring to the decision of the Privacy about some photos taken on the wharf at Villa Certosa. These are not the photos taken in the park of Villa Certosa. "The decision of the Supervisor - Rodotà states - states that the photos could be put into circulation and it follows that 'information obtained from public opinion is relevant and a series of stigma, criticism, use of legal instruments against those who first took the photos and then used them completely falls. Cade also prevent the threat of foreign newspapers to publish them. Is less recognition of a breach of privacy and this is a very important "source cnrmedia.com PRIVACY

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Regulations: The debut of the book only and excludes family members

Self-employed persons of the show, although subject to contribution Enpals. Merely incidental and Workers employees of the amateur sports associations, which are eligible for the classification of payments as income in kind "different." These are just some of the "excluded" subjects for which there is no obligation to record data only in the Book of work. unique book that will enter the scheme with the pay period of January, to replace the books that the employer should have taken under the previous legislation. in the book are included all employees in the company, with its payments in cash or in kind, paid or operated by the employer. In other words, the Book, which must be updated within 16 days of the month following the reference year, is the tool of consultation and verification of all that, inherent in the employment relationship, is in the company. Those involved must be recorded in the Book data to: - employees of any level and / or category. This heading also used by contract employees of administration or on secondment. As data to report, should be given only name, social security number, status, level of contractual and agency of administration or company posting. According to the Handbook of December 5, developed by the Ministry, those who use these forms of employment must ensure the registration of start and end months of employment. In any case, the failure to register by the user can be considered a purely formal violation, since it does not affect the terms of pay, tax contributions or employment. The Handbook states that the data of employees in administration or posting shall be given only with the actual creation of the unique book of work and, therefore, from January 2009; - coordinated and continuous, with or without mode project. This category also administrators, councilors and mayors, unless they fulfill the task on a professional basis, or that the appointment is entirely free. For these subjects should not be given any data that are typical of the employment: there will be the presence or absence of data, even if the Ministry considers that the latter should be given notice in the pay of Lul, when ' absence origins the right to a benefit by INPS or Inail; - associated with participation in work contribution, albeit in a mixed capital and labor. They should not be the most suitable data for a spouse, whether natural or adopted children, other relatives, related, affiliated and reliable employer who provide self-employment in the company. The obligation falls for the data members of companies of every kind, in fact, whether they engaged in a manual or supervise the work of others. From this point of view, Inail has provided instructions on the complaint of the names of shareholders, employees and carriers - and artisans - by the employer. The other excluded shall not be registered only on paper work trainees and interns, but to them are subject to the provisions of Article 50 Tuir of income earners as similar to that of paid employment. Not even mentioned are the agents and representatives who carry out activities in the form of enterprise; administrators, mayors and members of boards and commissions whose fees are within the income of a professional nature, the joint venture, which provides activities form as part of its business or assets of a company or self-employment. The opportunity The employer may also entrust to entities other than the keeping of the book only on the basis of, for example, categories of workers, provided that this choice has been informed to the relevant provincial office of labor, with the ' indication of and various bodies in charge of the contents of each section. The Daily source Ipsoa COMPANY LAW

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CASSAZIONE: School, one teacher from the online report card until the text message to parents. That's all the news

A few days before the start of the school year, the Minister Mariastella Gelmini presents the Communication Plan to open dialogue with the school'''' Reform of high school. Among the channels identified by the Ministry of Education: web-tv, provincial meetings and national conferences on-line communication. The intention, said the Gelmini,''is to use the school year 2009 to open a grand plan of communication, dialogue and check with schools to promote the full knowledge of the contents of the reform, with a possibility of amendment, which derives from the comparison.'' Between September and December, including through the use of new technologies (online communication) there will be an all-out confrontation,''a''to capture the opinions and proposals on the reorganization of secondary education, providing the texts of the law and those approved proposed in the discussion''and building - has assured the minister - the experience gained.'' A dialogue will also continue with meetings and conferences in the territory and through a web-tv channel. From January until the end of the school will hold an orientation phase for families and students so that they can consciously choose the address A more appropriate. The minister however stated that, at least for now, there is no slippage of the entries that must be made by January-February. The minister also outlined the major changes in the planet's school students will face when they return next Monday in class: from single teacher in elementary school, with text messages to communicate to parents the absences, the digital scoreboard. The main change to the primary school teacher is the single prevalent in elementary school. From the first year of primary school classes will be passed to the master's single prevailing educational model, a single point of reference for children. Later this model will involve other classes gradually. In proportion, therefore, confirmed the presence and the whole time. Every time framework, 24, 27, 30 or 40 hours, the teacher will provide one reference. Confirmed full-time. With the introduction of a single teacher, the elimination of-presences, and some savings due to rationalization of the body gets rid of more teachers to increase full-time. It will then go first class, 7,000 in 2008/2009 to more than 9,000 class before starting this school year can take advantage of the model time of 40 hours per week. This increase, said the ministry, it will be possible thanks to the size of the school network: about 350 schools have been merged by the dedication of the Regions; the abolition of-presences. For the secondary school level I or middle school is planned reformulation school hours. More quality and less quantity. From this year the middle school during school hours will be 30 hours per week, allowing a rational allocation of lessons, eliminating electives and options they had lengthened the time families without providing compliance training choices presented. The extended time will be returned to normal hours of 30 hours, after years of wasted resources and in the absence of a real application of this model of family time. Will be authorized only in the presence of structural requirements and services that meet expectations of households and will be a 36-hour high when requested by a majority of households, to 40 hours. New exams for third grade. From this academic year the final score of the examination of the eighth grade will be calculated by an arithmetic average of the oral examinations, written for those (including the national test Invalsi) and vote for admission. As for the high school, starting this year will be eligible for the State that all students will have '6 'in all matters, including conduct. Also from this year onwards, you can check online at school report cards for students and schools can organize systems for SMS alerts parents when children are absent, as is already happening in many schools across the country. On the precarious, for the school year 2009/10, 8,000 were placed in the role teachers and staff made 8,000 units of ATA and 647 school principals. News for the children. In September, can enroll in kindergarten children as young as two and a half. source studiocataldi.it CIVIL

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Regulations: From September 7, 2009 changed the definition to include suspension of folders

INPS, Message 09/07/2009 No 19995 new division of the Directors in the message INPS. The message n.19995 change the process for the suspension of payment forms INPS explains the new structure of responsibilities for the management of orders suspension of payment forms, also stresses that the amounts are refer to all payment forms, or the sum of several lots covered in them, which are affected by the proposed or instituted office of the measure. These new directives: · The provincial director has the power to suspend the payment of claims found in folders whose total amount (contributions and penalties) not exceeding € 50.000,00. · The regional directors are responsible for the management measures on payment forms whose total cost is between € 50,001.00 and € 100,000.00. . The Central Revenue is responsible for managing the measures have been suspended on payment forms with the total amount from € 100,001.00. source Consulentidellavoro.it LABOUR LAW

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POINT OF LAW: No charge to those who left Italy for the family of origin problems

leave Italy to go abroad to take care of the mother is not due to charge separation, especially if the crisis began on infidelity partner. The Supreme Court has established that, with the sentence no 18235 August 12, 2009, occurred again on mixed marriages by setting rules for one of the most frequent problems. source cassazione.net FAMILY LAW

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CASSAZIONE: Mobbing: damages to the employee and "familiar '"

Supreme Court Sec. Sixth Pen - Sent. of 26.06.2009, No 26594. The complex nature of social relations is reflected today, inevitably, working conditions and their environments, increasingly become the place where the victim is the personality of the person undertaking the work. In recent years, in particular, has stressed the need to respect the dignity, moral and existential sphere of the employee, deserving of protection against those behaviors hostile, degrading, humiliating put in place by the employer work. That phenomenon, called bullying, has assumed high importance that has committed and still commits doctrine and jurisprudence in the search for a definition of the case, and to guarantee institutions and ad hoc security, which have higher efficiency than traditional. The sentence that says, in taking the long standing problem of the configurability of bullying as a crime or not, it is an opportunity for a review of a number of legal issues which had long been trying to solve. SC, with this ruling reaffirmed that the recruitment of "systematic conduct hostile, humiliating, ridicolizzanti and offensive to personal dignity, so as to injure serious or very serious, especially on a psychic level "to a worker who suffers them, is not suitable to integrate the details of the offense under Article. 572 cp, if these behaviors are maintained by an employer as part of a business with "hundreds of employees, which articulated the organization (...) does not involve a close and intense direct relationship between employer and employee." 1. Attempted definition of bullying and social-economic causes of the phenomenon The first problem with which We must confront when it comes to the phenomenon of bullying is the lack of an unambiguous legal definition of the case. In general, bullying is defined as a series of repeated behaviors, ie shares held by an individual or a group (for the purposes of this discussion, which has no means an exhaustive list of subject as a whole, we will refer almost exclusively to the conduct by the employer towards a more workers), such as to harass, threaten, intimidate one or more employees, and create a risk to mental health and / or physics themselves. In light of the above, the incidence of bullying can involve physical assault or verbal slurs in the work of an employee, in his social isolation within the workplace. The phenomenon of bullying is attributable to simplify, to two different cases: on the one hand, it may be the culmination of an interpersonal conflict or, more simply and on the other hand, a situation where quota is the victim of the cd. mobber. social economic causes of this phenomenon are manifold, ranging from intolerance against another's personality or specific nature, discriminatory behavior, conflicts of role, the low quality of the relationship between colleagues and the employer. On many occasions it is difficult to distinguish between bullying and interpersonal conflict, are particularly important in such situations, the location of an asset to be able to prevent blurring of the second phenomenon in the first. Such prevention can be pursued through improving the social environment, the development of an organizational culture based on values \u200b\u200bagainst bullying, the development of positive social interactions. 1. The offense of harassment As is well explained by ruling that says, in our legal system, "there is no trace of incriminating a specific figure to counter the practice of persecution defined bullying" and that, despite a resolution of the Board 's Europe in 2000 and signed by all Member States to adopt a specific law on this issue. a result of this legislative silence, the lower courts and legitimacy, in a case where nell'imbattersi an employer had repeated mistreatment of one employee designed to humiliate, ridicule and capable of offending the dignity of individuals, found themselves in this situation due to the provision under Art. Cp 572, entitled "abuse in the family or to children" (remember in this connection the following decisions: Trib Belluno, 30/01/2007, No. 77, Cass. 10090/2001 and 33624/2007). In this case, the Supreme Court held that the offense referred to the above rule could not be apparent on the part of the Director-General, already completed in the first and second degree because the crime does not exist. The Court based its reasoning on the fact that, in light of spirit of Article. 572 cp the relationship between subject and stand in that offense, must be of "familiarity" in the sense that "while not typically seen in the context of the family, should include regular and intense relationships, habits of life among the subjects, the subjection by one party against another, "and this aspect could be seen in the case referred to a company with hundreds of employees and a comprehensive organizational structure, with CD. "Middle management". Done right and The Court of Appeals, ruling with 31/1/2006, confirmed that the Local Court on 24/3/2004 - Susa section - which had acquitted (...) the crime referred to 'Art. 572 / 1 - 2 cp, because fate does not exist. The specific charges to move 'is accused of having, in mid-1996 onwards, in his capacity as Director General of (...) Avigliana, mistreated the employee (...) under his authority for the exercise of profession, for which he had taken systematic behavior hostile, humiliating, ridicolizzanti and offensive to personal dignity, so as to provide serious and very serious injuries, especially on a psychic level. The District Judge found that the case was framed in the legal case in art. Cp 572, defect, on the ontological level, the details of such care, understood as "Close personal relationship characterized by ongoing systematic, between employer and employee" and the absence of evidence of subjective dell'attribuibilità conducted hypothesized, however, and accused of "foreknowledge" of him with a choice of harassment, take place directly or through their collaborators, to the detriment of the (...). Pointed out that the reality was very different from complying investigation emerged from the hearing and ruling by the Labour Court on 1/28/2003: not a hostile attitude and habitual abuse of power against the (...) under the direction of (...) but in a situation of conflict 'work environment in the context of which were read and interpreted individual events contested. He appealed to the Supreme Public Prosecutor at the Territorial Court claiming a breach of criminal law, with reference to art. 572 cp, and a lack of reasons: he had not sufficiently valued the intersubjective relationship that develops between the employer and employee, characterized by the power steering and discipline of the first against the second, given this appropriate, in the presence of other elements typical to set the crime of abuse; had not emphasized the findings of expert resigned from the PM about the causal relationship between working conditions experienced by the (..) and the diseases found on the same; it was considered unnecessarily unreliable the testimony of the victim, had erred in delineating the subjective element of the offense. The appeal is well founded and should be rejected. The ruling appealed of criminal law and good governance rests on an argumentative device that is anchored to specific emergencies proceedings by account, as appropriate and logical reasons justifying the conclusion it reaches. the lower courts, the outcome of a thorough analysis and critique of testimonial evidence acquired, show that (...) certainly had lived in the working environment in which it was integrated, a situation of great conflict, which resulted in contrasts with other co-workers, executives, and with only marginally or indirectly with the director general (...). Apart from any consideration about traceability subjective episodes of the accused in dispute and ravvisabitità the subjective element of the crime suggested, the data obtained is that (...) had been addressed in the climate veriticatesi exacerbated tensions in that working environment, of repeated complaints by his superiors, which she perceived as burdensome and detrimental to their professional dignity of person. This situation may be, in theory, reduced bullying in the CD, whose concept recalls a policy which continues in time with the characteristics of persecution aimed exclusion of the worker. In our criminal code, however, despite a decision by the Council of Europe in 2000 and signed by all Member States to adopt an arrangement, there is no trace of incriminating a specific figure to counter the practice of persecution defined bullying. On the basis of positive law and the factual data obtained, therefore, the criminal route is not feasible. And 'certainly feasible, however, as seems to have happened in this case, the way of civil proceedings, constituting the rnobbing title for the damages suffered by the worker as a result of persecutory conduct and attitudes of the employer work. The employer is contractual liability under Article 2087 Civil Code, under this in close liaison with those ordered to defend the constitutional right to health (art. 32) and compared the safety, freedom and human dignity in using the Economic Initiative (Article 41). The illegitimate exercise of power business, in fact, must find a no nell'inviolabilità thimbles in the essential rights and still need to prevent the onset or worsening of pathological conditions prejudicial to the health of the worker, while ensuring peace and respect in the dynamics of the employment relationship, even in situations that require any exercise against the power steering or even discipline. Bullying is only vaguely similar to the provisions of art. Cp 572, but this does not agree outright, almost automatically, all the typical elements. The Court notes that, of crimes against family support (Chapter IV, Title XI of the book of the Penal Code), are also included in this case extends beyond the confines of the family, however it is understood, legitimate or done. Indeed, both the art. That Article 571. 572 cp indicate how their taxpayer also expected the "person under the authority entrusted to him or the agent for the exercise of a profession or of art. "The language used formula requires a clear reference to relationships involving a subordinate, whether purely factual or legal, who on the one hand - may lead the actors to behave normally prevaricating to the taxpayer and - other - makes it difficult to evade, resulting in degradation and humiliation of his personality. Just bearing on the definition of "subordination to authority" and "trust, may be covered by the same situation as part of the doctrine and Court considers, on the relationship between worker and employer. The claim is worth, however, a clarification. Observe, indeed, the Court that this report, taking into consideration the ratio of the mentioned rules and, in particular, that in art. Cp 572, still has to be characterized by "familiarity" in the sense that, while not seen in the context of the typical "family" must include regular and intense relationships, habits of life among the subjects, the subjection of one party towards 'other (ratio supremacy - awe), the reliance by the taxpayer in the active subject, recipient of care obligations towards the latter first, because the weaker party. And 'only in the limited context of such a special relationship of para-familial nature that can be envisaged, if the alteration occurs function of that relationship through the debasement and humiliation of the physical and moral dignity of the taxable person, the crime of abuse: for example, of example, the relationship between the domestic worker to persons with whom the family carries out its work or what may elapse between a master artist and apprentice. The inclusion of crimes against the mistreatment of family support is in line with the role that the Constitution entrusts to the "family" as an intermediate company for the training and the affirmation of the personality of its members, and in the same vein are read and interpreted only those relationships that characterize the Beyond the formal appearances for parafamiliare nature. This connotation is not the case under consideration, given that (...) inserted in a complex business reality (...) had hundreds of employees whose articles organized (there were so-called 'middle') did not imply a close and intense relationship direct link between employer and employee is determined by a community of life comparable to that characterizing the consortium, family and relationships inevitably marginalize intersubjective in the sense that it exalts that 'personalist aspect related to the "supremacy awe of actors involved at different levels. Consequently it is not appreciated in such a reality, the reduction the weaker party in an existential painful and intolerable because of the systematic oppression of which he was the victim. PQM dismiss the action. FILED ON 06/26/2009 the source overlex.com CRIMINAL LAW