Precedents of the current crime of creation of the risk for the health of the worker

Abstract

Our Penal Code published by Organic Law of 10/1995 of November 22, in the Title the XVth of The Crimes against the Laws of the Workers as an autonomous Title which was leaving behind his previous incorporation inside the Title dedicated to the Crimes against the Heritage and against the Socioeconomic Order, being chased of this form, the consolidation of the rights of the worker in his more human slope, and excelling itself this way, the ancient economic and instrumental vision of these rights. This Title possesses a total of eight articles –from 311 to 318– between those who are, the rules 316, 317 and 318 that devote themselves to the penalty of the lack of measures of prevention of labor risks in the company, appearing as crimes of danger that punish the creation of serious risk for the life, health and physical integrity of the workers. This way, the article 316 devotes itself to the fraudulent version of the crime, 317 to the imprudent one and 318, to the special authorship, in case of Legal persons. The legislator of 1995, year of publication of the current Code, was articulating of this form a special protection for the worker, on having advanced the punitive barrier before even, of the creation of the hurt, formulating in these articles the penal intervention already on the danger having originated. The idea was not new, the penal order already had dealt with unjust this one in previous Codes though the result had been ineffective. In this article we are going to study with historical perspective the precedents of the mentioned articles 316 to 318.