Aspetti giudiziari penali in un caso di dissesto indotto su edifici da uno scavo limitrofo

The Author was chosen as Technical Advisor by a Public Prosecutor, who had to ascertain over the responsibilities which, eventually, had to be charged per effect of a widespread damagement caused to many buildings sited in the proximity of a new excavation. The excavated surface covers circa 3000 square meters, with depths ranging from 4 up to 14 meters from the actual surrounding ground level, in order to accommodate a new underground parking facility. During the works’ progress, the total of four nearby residential buildings were judged as restricted of access, per effect of their evident lost of structural safety. As a direct consequence, six full-time resident families were compelled to move out of them, while the other 30 proprietors were denied their own right of entry. Many aspects were involved to render this specific situation particularly complex and, among them, the following represent the most relevant: - the geo-litho- morphology of the overall site and the excavated area’s former use; - the Public Community interest into this area’s rehabilitation and on its’ new use destination; - the underground retrieval of some archeological relevant items, which were found before of the very start of the works on site and caused a re-design of the general layout, which was made “on the fly”; - a bad, or poor, interface between the Geologist and the Geotechnical/Structural Engineer, who were assigned by the Contractor in order to identify and develop the works’ design; - legally issued restrictions were imposed on the works to be done on-site by some of the bordering property owners which, resting uphill of the excavated area, then were subdued to the damagement. The above mentioned topics shall be described in the Full Paper and, if possible by the time which shall be allotted, more than these shall be presented by the Author during the oncoming Conference into a greater detail, in order to eventually discuss them with the audience, while keeping a particular regard to their forensic aspects.