Recientes tendencias en la reforma de la responsabilidad penal culposa en Italia: en particular la reforma de la culpa médica y las diferencias con el enfoque español

The recent reforms of criminal liability for negligence in Italy highlight an increasingly differentiated approach within the various fields where this kind of liability is more frequent. While in the fields of workplace safety and road traffic, legislation and case law have become increasingly severe towards the “negligent agent”, in the healthcare context two recent legislative reforms have sought to reduce the extent of criminalization. In 2012, the so-called “Balduzzi” law provided an exclusion of criminal liability for healthcare professionals in case of “light” negligence (provided other conditions are fulfilled). In 2017, the so-called “Gelli-Bianco” law provided another set of rules on exclusion of healthcare professionals’ criminal liability but, as it was the case under the “Balduzzi” law, the necessity to fulfil many conditions to obtain the exemption may compromise the goal of reducing the usage of criminal sanctions in this sector.