The subjective scope of work safety obligations in the light of legal and penal law provisions

Bibliogr. s. 416

The issue, which has been analyzed, concerns the issue of criminal liability for violating the health and life of persons performing work as a result of failing to fulfill their work safety obligations. The problem that has been raised concerns the subjective scope of persons responsible for this protection. The considerations were reduced to the comparison of the hypothesis of the norm developed on the basis of labor law and criminal law. The author clearly states that the good protected on the basis of the provisions of the Criminal Code has been treated too narrowly. To make it clear that health and human life, as a protected good, should not be subjected to a valuation assessment based on the basis of employment. The considerations lead to the conclusion that the current approach and the use of a worker’s notion of criminal law can not be interpreted narrowly, within the meaning of Art. 2 k.p.