Compensation To Companies For The Damage Suffered As A Result Of Culpable Delittinon Committed To Hinder The Activity Of Construction Sites.

Original Language Title: Indennizzo alle imprese per i danni subiti in conseguenza di delittinon colposi commessi per ostacolare l'attivita' dei cantieri.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-02-23&atto.codiceRedazionale=15A01356&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The MINISTER of infrastructure and transport in consultation with the Minister of economy and finance having regard to article 13, paragraph 7-bis of Decree-Law No 145 December 23, 2013, converted, with amendments, by law February 21, 2014, n. 9, under which, by order of the Minister of infrastructure and transport, in consultation with the Minister of economy and finance, can be granted under the conditions laid down in that article, compensation to businesses who suffered damage to the materials or equipment for building; Given the need to start promptly the investigation for the granting of such compensation, in order to avoid further delays and to companies that are in the situation referred to in article 13, paragraph 7-bis of Decree-Law No 145 of 2013;
Decree Art. 1 claim 1. For the purposes of granting the indemnity provided for in article 13, paragraph 7-bis of Decree-Law No December 23, 2013. 145, converted, with amendments, by law No 9 February 21, 2014, businesses applicants shall submit to the Ministry of infrastructure and transport, technical mission mentioned in art. 163, paragraph 3, of Legislative Decree No. 163 of 2006-and for knowledge to contractors-the appropriate documentation to establish whether the conditions laid down by that provision. 2. for this purpose, firms must transmit: a) an explanatory report to highlight the damage, refer to materials, equipment and capital goods, which the applicant firm has suffered as a result of the occurrence of non-culpable crimes committed in order to hinder or slow down the ongoing execution of construction activities and that have affected the proper fulfilment of the obligations assumed for the realization of the work that the firm was mandated to;
b) a direct relation to describe the circumstances in relation to which such damage occurred, with an indication of their total and fractional amount, for each item;
c) copy of the complaint/lawsuit filed by the applicant, or by the contractor, in respect of non-culpable crimes committed in order to hinder or slow down the ongoing execution of construction activity, and that led to the company requesting the coming into being of the damage referred to in subparagraph a);
d) copy of any formal judgment of the applicant as a civil party in accordance with article 74 of the code of criminal procedure;
e) a replacement declaration drafted pursuant to art. 46 of Decree of the President of the Republic No. 445 of 2000 confirming the existence or non-existence, of direct insurance to compensate or indemnify the events referred to in article 13, paragraph 7-bis of Decree-Law No 145 December 23, 2013;
f) a declaration in lieu of affidavit, drafted pursuant to art. 47 of Decree of the President of the Republic No. 445 of 2000, whereby the applicant firm declares, by providing a documentary avowal, tax amounts received as a result of the realization of non-culpable crimes referred to in article 13, paragraph 7-bis of Decree-Law No 145 December 23, 2013.