As a fact finding process consists of the adduction of evidence to determine “facts in issue”, real evidence is central to the reconstruction of an accident. The primary scope of a forensic engineer (FE) is to reconstruct an industrial accident in terms of the true-facts. In the majority of accidents, the events as they evolve in a causal relationship and develope according to the laws and principles of nature, are deployed. True-facts must be analyzed as key-events causally linked in a specific time-space based sequence. Among several possible sequences, only one is actually consistent with the real case. This sequence of events (SoE) analysis was previously presented at the ICEFA IV by one of co-authors as a method of supporting a FE while developing an investigation. SoE is based on the principle that if there is real evidence, a specific event provoked it and can be shown by interpreting its significance. The successor and predecessor events of a SoE need to be identified scientifically: they must be able to be tested and confirmed or refuted. Such a demonstration could be quantitative or descriptive, but it always has to be deductively acquired. To support attorneys in cases based on individual criminal liability, identification of the sine qua non (or equivalence of conditions) test has been developed. This multilevel SoE analysis was recently adopted in the criminal case of the train disaster in Viareggio, Italy. It is made up of three levels: the key-event level (basic SoE analysis) which contains only the causal relationships between key-events; the second level which seeks to identify the contributing causes relevant to the conditions of the sine qua non test; and finally, the third level, or “liability level”, constructed by the attorneys on the basis of the conduct that played a role in the development of the “con-causes” second level.

Multilevel Events Analysis Sequence in Criminal Cases of Industrial Accidents

D'ERRICO, FABRIZIO;
2012-01-01

Abstract

As a fact finding process consists of the adduction of evidence to determine “facts in issue”, real evidence is central to the reconstruction of an accident. The primary scope of a forensic engineer (FE) is to reconstruct an industrial accident in terms of the true-facts. In the majority of accidents, the events as they evolve in a causal relationship and develope according to the laws and principles of nature, are deployed. True-facts must be analyzed as key-events causally linked in a specific time-space based sequence. Among several possible sequences, only one is actually consistent with the real case. This sequence of events (SoE) analysis was previously presented at the ICEFA IV by one of co-authors as a method of supporting a FE while developing an investigation. SoE is based on the principle that if there is real evidence, a specific event provoked it and can be shown by interpreting its significance. The successor and predecessor events of a SoE need to be identified scientifically: they must be able to be tested and confirmed or refuted. Such a demonstration could be quantitative or descriptive, but it always has to be deductively acquired. To support attorneys in cases based on individual criminal liability, identification of the sine qua non (or equivalence of conditions) test has been developed. This multilevel SoE analysis was recently adopted in the criminal case of the train disaster in Viareggio, Italy. It is made up of three levels: the key-event level (basic SoE analysis) which contains only the causal relationships between key-events; the second level which seeks to identify the contributing causes relevant to the conditions of the sine qua non test; and finally, the third level, or “liability level”, constructed by the attorneys on the basis of the conduct that played a role in the development of the “con-causes” second level.
railway accidents; responsibility; reconstruction
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11311/803327
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