Nautical homicide: What is the meaning of nautical homicide?
With Law No. 138 of September 26, 2023, the crimes of nautical homicide and serious or grievous bodily harm caused by nautical accidents were officially introduced into the Italian legal system.
Nautical homicide refers to the killing of a person by the operator of a boat as a result of failing to comply with maritime navigation regulations.
The regulations applicable to similar conduct in road traffic violations have been extended to include violations of navigation rules.
Specifically, the crime of nautical homicide (Article 589-bis of the Italian criminal code) has been equated with vehicular homicide, differing only in the means of committing the crime and the place of occurrence.
The new law has brought significant changes to the Italian criminal code, amending Articles 589-bis, 589-ter, 590-bis, and 590-ter.
The new category of crime now includes not only serious and grievous bodily harm caused by nautical accidents, but also references to maritime and inland navigation. It punishes the conduct of anyone who, under the influence of alcohol, drugs, or psychoactive substances, kills a person at sea.
Additionally, the Italian Code of Criminal Procedure has been amended to provide for arrest in flagrante delicto for the crimes of nautical homicide or bodily harm caused by nautical accidents.
Nautical homicide: penalties, aggravating and mitigating circumstances
Minimum penalty for nautical homicide is imprisonment for 2 to 7 years.
Specifically, if the boat operator did not cause the person's death at sea, the penalty is reduced to imprisonment for 1 month to 1 year. In the case of serious injuries, imprisonment ranges from 1 to 3 years.
If multiple people are injured or killed, the sentence can go up to a maximum of 18 years.
Alcohol intoxication is considered an aggravating factor, as is impairment due to the influence of narcotic substances. In both cases, the penalty is increased.
In particular, for anyone who commits nautical homicide while under the influence of alcohol with a blood alcohol content greater than 1.5 g/l or under the influence of drugs or psychoactive substances, the penalty is imprisonment for 8 to 12 years.
If the state of intoxication falls within the same blood alcohol range but does not involve the transportation of people or goods, the penalty ranges from 5 to 10 years.
Additionally, the penalties can be further increased in cases of:
- Failure to provide assistance, with the boat operator fleeing the scene;
- Lack of a boating license.
Conversely, the penalties can be reduced by up to half if the event is not a direct consequence of the offender's action or omission.
In the case of nautical homicide in Italy, it is the officials of the port authority or coast guard who are responsible for determining the boat operator's blood alcohol level, using an appropriate evidentiary breathalyzer, as stipulated by law. This device utilizes infrared technology, allowing for a quick and accurate measurement of blood alcohol content.
Nautical homicide: how can help you? h3
The new law on nautical homicide in Italy represents a significant revolution in the landscape of maritime navigation in Italy.
Thanks to this new legislation, responsibilities in the case of fatal or serious nautical accidents are now clearly defined and well established.
The introduction of stricter penalties for those who endanger the lives of others due to their negligence while navigating is aimed at reducing the occurrence of fatal maritime incidents.
The Arnone&Sicomo International Law Firm has a specialized department in maritime and navigation law, as well as a criminal law department. Our lawyers and technical consultants have been handling compensation claims related to fatal or serious nautical accidents for years.
With our renowned dedication, we strive to always obtain the maximum compensation for our clients. Each case is thoroughly examined, considering all possible options to achieve the best outcome.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
