DLP Insights

Court of Appeal: the “mass” illness makes it necessary to determine whether an offence has actually been committed

Catégories: DLP Insights, Case Law

08 Jan 2016

With ruling n. 48328/2015 the Court of Appeal, second criminal section, made it clear that the commission of offences cannot be ruled out if the collective absence is covered by medical certificates. In fact, according to the Supreme Court, if there are grounds for suspicion that the protest was based on illegal methods, then criminal proceedings are necessary in order to ascertain all the facts necessary to evaluate the reliability of the sources of evidence. The Court of Cassation has thus delivered a hard blow to wildcat strikes performed through false medical certificates.

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