DLP Insights

The employee who gives false declaration in favour of the employer is not punishable for aiding and abetting

Catégories: DLP Insights, Case Law

04 Nov 2011
Through sentence no. 37398 of October 17, 2011, the VI Criminal Section of the Court of Cassation stated that the employee who, in order to avoid liberty restriction (incrimination and employment loss), gives false declarations that allow the employer to elude investigations, is not punishable for aiding and abetting.
In this particular case, a construction worker had an accident and his colleagues, at first, denied to the Police that he was working in the building site and the accident as well. The Court, ascertained that the employees gave false declaration for preserving their liberty, states that the dispense provided by article 384, paragraph 1 occurs: the right to maintain the employment, instrument for the individual personality development, is the expression of personal “liberty” and is referable to such provision.

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