Prevención penal y extrapenal de la siniestralidad laboral

Abstract

The essay approaches the efficiency of the several legal instruments available to prevent labour accident rate. The departure point is the necessary integration between a first persuading way built upon rules preventing serious risk, which are applied by the Labour Administration Board, and a second persuading way set on the crimes and offences against safety and hygiene at work which are ruled in the penal code. The analysis carried out reveals some overlapping between the penal and the extra-penal instruments, as much as serious ineffectiveness problems stated, among other data, in the underuse of penal instruments which are only appealed to in case of resulting damage or death of the worker.