It took the stubbornness of a freediver, of a person who knows the problem really closely to definitively eliminate the disparity in treatment between those who kill on the street and those who do it at sea or in inland waters. In fact, until a few months ago, those who caused death or injuries by violating navigation rules did not receive the same treatment as those who caused death or injuries by violating the highway code. The idea of filling this legislative gap was given to the senator Alberto Balboni, now President of the Constitutional Affairs Commission, had been coming since the time of the Draghi Government, but precisely due to the premature end of that Executive, it had not been possible to complete the project for the introduction of what only today goes by the name of “nautical homicide”.
Balboni never gave up and, as a good lawyer, followed the process to try to approve the law again in 2022, 6 years after the introduction of the crime of "vehicle homicide". In February 2023 the project was approved by the Senate and transmitted to the House where - the September 20th – with 268 votes in favor and only one vote against, it has the final go-ahead.
Specifically, the text of the law is composed of three articles and extends the penalties provided for the crime of road homicide (art. 589 bis of the penal code) to the nautical one. Therefore, anyone who is at the helm of a vessel and causes the death of another person may be punished with imprisonment, from a minimum of 2 years to a maximum of 7, 12 years in the event that the state of intoxication at the helm or under the influence of narcotic substances is ascertained. Anyone who causes serious injuries is instead punished with imprisonment from 3 months to 1 year, 3 years in the case of "very serious" injuries.
Balboni dedicated the new law to memory of two young victims – Umberto Garzarella, 37 years old, and Greta Nedrotti, 24 years old – overwhelmed and killed, in 2021, by a motorboat driven by two drunk Germans in the waters of Lake Garda. At the time, although the charges against the two tourists were those of having sailed at a speed four times higher than the permitted speed and while intoxicated, the sentences were those foreseen for the charges of murder negligent and shipwreck negligent, precisely in the absence of a crime that specifically sanctioned nautical homicide.
The perspective of those who are passionate about fishing and underwater activities - as Senator Balboni is - is perhaps the best to grasp many inadequacies of those who put themselves at the helm of a nautical vessel. There are numerous near-miss tragedies every year and they are recounted in the forums dedicated to this sector. Beyond the simple carelessness of those who have a license to operate boats and watercraft, we must also consider the case of the total inexperience of those who - in a completely legal manner - rent a boat without knowing any of the rules of navigation. In fact, the law allows the operation of boats with engines up to 40 horsepower without boat license. Balboni believes that attention is also lacking on this aspect and that, without arriving at drastic solutions, it would be possible to introduce some guidelines or even an awareness campaign to improve the awareness and attention of occasional surfers.
This and other topics will be the subject of discussion at the various meetings of Hall of Justice, an event dedicated to the world of lawyers, the judiciary and politics, which will be held in Rome from 24 to 26 October. In fact, a meeting on the theme of "transport and infrastructure" is scheduled for 25 October - in the afternoon - at which the presence of Nicholas Carlone, General Commander of the Port Authority Corps, whose comment is awaited regarding the new law signed by Balboni.
