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In the marine incidents the commander of the ship comes immediately indicted
They have denounced taken part to the workshop "the criminalizzazione of the commander of the ship: criticality and perspectives"
January 27, 2020
"To impetuous a technological and normative progress that has carried to deep organizational changes it is on the ship that in the shipowning offices is not corresponded a legislative adaptation and cultural that took note of it anticipates". It has emphasized the president of the USCLAC-UNCDIM-SMACD, Claudio Tomei, in the course of the workshop "the criminalizzazione of the commander of the ship: organized criticality and perspectives" from Istituto Italiano di Navigazione (IIN) on proposal of the union commanders and chief engineers USCLAC/UNCDIM who have held today to Rome in the Shipping center of the Italian Confederation (Confitarma). The encounter has been programmed in sight of a study on the phenomenon that gives some time on a national level sees and international the progressive extension of the spaces of penal responsibility at the expense of the apex positions of edge, the commander firstly, study that will be realized with the scientific coordination of the Unitelma - Wisdom.
"The commander today - Tomei has stated - is not more the summit than pyramidal a hierarchical structure but she is approached instead to a manager who manages a complex organization (such today is the ship) through collaborators prepared and whom entrusted and making use of the organizational technical support of the base to earth. Nobody has never inculpated a pilot whose airplane quickly has a not imputable structural damage to collision, while the commander of ship in these cases comes immediately indicted".
"The responsibility of the commander in the jurisprudential experience - it has agreed Vincenzo Mongillo, by right penal ordinary near the Unitelma Wisdom - evidences an escalation of the penal procedures and the sentences. The commander is considered holder of a position of extremely wide guarantee that subtends a verticistico and pyramidal model, rather rear, than responsibility for all the incidents and lesivi events been necessary in the course of navigation and the activities collaterals. It is necessary a second thought that he leads back to reasonableness the system of penal responsibilities in the nautical field".
Palmira Petrocelli, president of Istituto Italiano di Navigazione, has emphasized that the requirement of a deepening on such serious phenomenon is born also from the insufficient attention up to now dedicated to the implications of psychological nature that the regime of flood and exclusive right responsibility produces on the staff of involved edge. For such reasons - it has anticipated - one of the objectives of the study will be to focus the difficult conditions in which they are found to operate the commanders of the ships, also because of partially obsolete a legal picture".
The general manager of Confitarma, Luca Sisto, has evidenced the importance of the synergy between legal and operating experts in order to deepen a thematic one of world-wide capacity, a lot important not only for the seafarers but for all the shipowning industry. In fact - it has explained - the criminalizzazione together with piracy is one of the main causes of removal from the marine careers. "After a marine incident or a violation of the pollution - Sisto has asserted - the marine ones are often withheld and they are seen to deny the access to the normal rules of "fair play" and justice with which defending itself from the penal accusations".
The general manager of Confitarma has observed that unfortunately the lines guide of the IMO and the ILO on the fair treatment of the marine ones in case of marine incident, emanated in the 2006 continuation of the continuous recrudescence of the phenomenon of the criminalizzazione of the marine ones, are not applied in adequate way. Emblematic - it has specified - the case of the Prestige oil tanker been shipwrecked in 2002: in the 2016 Spanish Supreme Court - Sisto has remembered - it has condemned to two years of prison the captain as in charge of an environmental disaster for recklessness and rash behavior, overturning the precedence sentence of the Provincial Court of the Coruña (Galizia). An other case that is happening more and more often - has added - it is that of the detainment of marine as a result of the illegal narcotic discovery on board of the ships of shipowning companies that come more and more "used" to theirs insaputa from the criminal organizations in order to transport the drug in Europe.
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