Uguali ma diversi: sul reato di omicidio stradale o nautico

With the entry into force of the law approved by the Italian Parliament on September 20, 2023, the legal provision of Article 589-bis now encompasses "road or nautical homicide." This essay examines the rationale behind extending the framework of road homicide to include nautical incidents, shedding light on potential challenges posed by this expansion, considering that the new provision is based on a prior "similar yet distinct"
model. This is particularly evident due to the variety of watercraft, the diverse range of precautionary rules and the potential overlap with other offenses, such as negligent shipwrecks. This creates a situation where the tension, particularly with the principles of proportionality and reasonableness, will need to be resolved in practice, drawing on the still debated experience of road homicide.