The world of navigation is unique, special, and difficult to describe in words. We at Marina Porto Antico, the tourist port of Genoa, know this very well. Every year, we see many diverse boaters mooring in our berths: from those arriving with a Genoese gozzo to those going out fishing on inflatable boats, from sports sailors dedicated to regattas to owners of the most elegant and large yachts. These are different ways of experiencing and approaching the sea, but all united by a deep passion for recreational boating and marine nature. But as we know, it can’t all be fun. Once you leave the mooring, after exiting the marina, you can breathe in the freedom of the navigator, without forgetting, however, that there are rules to be respected. The routes to maintain, speeds not to exceed, safety equipment to always keep on board, and so on. This is because sometimes a small distraction, even a minor transgression of the rules in force, can lead to far from negligible risks. And for this very reason, the legislator, aiming for an increasingly safer recreational boating, has decided to introduce the crime of nautical homicide into the Italian legal system: let’s see how this decision was reached and what penalties are provided. 
Nautical homicide: a tough law as a deterrent
The introduction of the crime of nautical homicide certainly didn’t come unexpectedly. In fact, it was a law that was already ready to be approved by the Chamber in the last legislature, but had been blocked by the government crisis. On September 18, 2023, nautical homicide became law, with a rather short legislative process. Until that moment, those who caused the death of a person by negligence while operating a vessel faced the “reduced” penalties of simple homicide. This was indeed far from consistent with the Italian legal system, knowing that on land, and more precisely on the road, the crime of vehicular homicide has existed since 2016. On asphalt as in water, the introduction of a tough law against homicide caused by negligence by drivers who do not respect the rules serves as a deterrent, with the awareness that more can be done to prevent accidents at sea. What accelerated the legislative process was the sadly notorious fatal accident on Lake Garda in which a motorboat driven by two Germans – under the influence of alcohol – took the lives of Greta Nedrotti and Umberto Garzarella, in June 2021; a few days later, the same happened on Lake Como, when a boat piloted by Belgian tourists crashed into another boat, causing the death of Luca Fusi.
The Penalties Provided
Article 589 bis of the Penal Code has been modified in an attempt to make navigable waters safer, adding nautical homicide alongside vehicular homicide. Now, the operator of a vessel who, violating navigation regulations, causes the death of a person, can be punished with
