Investigation of Maritime accidents involving passenger ships in Italy

the paper deals with the legal regime of maritime investigations both within the navigation code and with regard to the most recent legislative Decree 165/2011 implementing Directive 2009/18/eC. art. 578 ff. nav.c., still in force, entrust marine authorities with a technical assessment, the use of which the code itself foresees in civil proceedings. on the contrary, investigations carried out in the context of eu legislation present exclusively preventive purposes, underlined by their autonomy compared to other types of investigations and by the duty of confidentiality for the independent investigation body. legislation foresees that evidence collected during the investigation is not available for purposes other than technical investigation, in a framework aimed to achieve the broadest collaboration of informed people, which is essential for a clear and complete reconstruction of any causal link. however, the declared autonomy of safety investigation must be combined with principles of collaboration and cooperation between the different investigating authorities, particularly relevant in the case of investigations involving claims that affect passenger ships, in relation to which criminal and compensation actions are often taken at the same time. in this framework, the usefulness of circulation of information, inherent in navigational code rules, is not radically excluded even in the procedure set out in Decree 165/2011. limits and modalities by which information collected during marine and safety investigations can be used in civil and criminal proceedings are analysed on the basis of case law concerning inquiries on accidents involving passenger ships