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The modified version of art. 121-3 of the French Criminal Code introduces a hierarchy of the nonintentional forms of guilt according to seriousness. From the perspective of the French legislator, this hierarchy would be the following: deliberate negligence (art. 121-3 para. 2), simple negligence – carelessness, imprudence – (art. 121-3 para. 3) and breaking a duty of care or protection (art. 121-3 para. 4). In the Italian Criminal Code only the conscious negligence is defined, whereas the simple negligence is not defined, but merely exemplified. Thus, article 43 para. 1 states that “There is an offence committed with negligence whenever the result, even though foreseen, is not desired by the agent and occurs because of carelessness, imprudence, lack of skill, or failure to observe laws, regulations, orders or instructions”.

Although in German and in Spanish legal systems there are no express provisions with regard to the criminal negligence (culpa), this has not hindered the legal doctrine and jurisprudence to thoroughly analyse this form of guilt. This made it possible to qualify as intentional offences some deeds which in our legal system are considered to be committed with conscious negligence (involving foresight). The difficulty to distinguish between indirect intention (dolus eventualis) and conscious negligence (luxuria) has nonetheless determined Spanish courts to ask the legislator to provide a clear definition of indirect intention, which could be an additional argument with respect to the weaknesses entailed by such a legal approach.

The article focuses on the judiciary enforcement of the law on the decision of deterrent penalties to be inflicted on corporations liable for workplace-related criminal negligence.