Recognition of the status of victim of duty to a Carabiniere who suffered a serious injury while chasing a criminal
The legal case
The Court of Salerno with sentence no. 1459 of 06.28.2024 recognized a Carabiniere as a victim of duty, pursuant to article 1, paragraph 564, of Law no. 266/2005 and articles 1 and 6 of Presidential Decree no. 243/2006, in relation to the event that occurred to him, in the performance of his service activity, on 03.11.2009.
The case concerns a Carabiniere who, while carrying out a service aimed at combating organized crime in an environmental context characterized by high criminal risk, carried out a search at the home of a local criminal aimed at finding weapons, ammunition and/or explosives. During this delicate and particular judicial police activity, the criminal, in possession of a clandestine and illegally held weapon, fled to avoid capture. Having noticed this action, the appellant, with great spirit of self-denial and regardless of the risk he might run, began chasing the criminal (who was later captured), slipping on the ground (made slippery by the storm in progress) and getting stuck in the ground.
Therefore, the applicant submitted a request for recognition of the status of victim of duty and related benefits pursuant to law no. 266/2005 art. 1 paragraph 563. This request was rejected by the Ministry of the Interior.
On the law of 23 December 2005 n. 266, paragraph 563
According to the provisions of art. 1 of law 23 December 2005 n. 266, paragraph 563: «victims of duty are understood to mean the subjects referred to in article 3 of law 13 August 1980, n. 466, and, in general, other public employees who died or who have suffered permanent disability in service or in the performance of institutional functions as a direct result of injuries sustained as a consequence of events that occurred: a) in the fight against any type of crime; b) in the performance of public order services; c) in the surveillance of civil and military infrastructures; d) in rescue operations; e) in activities for the protection of public safety; f) (…)».
In essence, art. 1 co. 562 – 564 of law no. 266/2005 has innovated the previous regulation by establishing that for six types of activities (those listed from letter a) to letter f) of paragraph 563), the additional requirement of “particular environmental or operating conditions” (or “conditions in any case implying the existence or even the occurrence of extraordinary circumstances and service events which have exposed the employee to greater risks or fatigue, in relation to the ordinary conditions of performance of institutional duties”, as specified in the subsequent art. 1 of Presidential Decree no. 243/2006).
On the ruling of the Court of Salerno of 06.28.2024
The Judge of Salerno recalling the Court of Cassation of 03.03.2023, n. 6496 which established that for the recognition of the status of victims of duty the legislation “does not foresee the presence of a specific risk other than that inherent in ordinary institutional functions, it being sufficient that the harmful event occurred in the fight against any type of crime or in the performance of public order services or protection of public safety.”.
Therefore, Dr. C. Petrosino accepted the request and declared the applicant’s right to recognition of the status of victim of duty, pursuant to article 1, paragraph 564, of Law no. 266/2005 and articles 1 and 6 of Presidential Decree no. 243/2006, in relation to the event that occurred to him.
(Salerno Forum)
