Peculiarities of criminal liability in the environmental protection domain

摘要

The growth of crime phenomena by diversifying the ecological offense led the responsible factors to identify solutions that would incriminate the environmental pollution actions. The specificity of engaging in criminal liability for infringements of rules related to environmental protection is determined by the nature of the object protected by the law, whose breach is brought by an act committed at fault. Although they have imposed with difficulty, the use of criminal law means to protect the environment have multiplied and diversified, so that now they have an effective role which regards in the end ensuring the health insurance of the present and future generations. With this study we aim at highlighting, based on analysis, observation and a descriptive documentary research, certain features of criminal liability in environmental protection domain, both at European and national level; we also aim at clarifying the issues of transposing the European legislation from the environmental law. In conclusion, beyond the deficiencies determined by the many normative documents containing provisions on criminal liability in the environmental domain, in order to avoid parallelisms, contradictions and inconsistencies, it is necessary to review the entire environmental criminal legislation.