Considerații privind realizarea obiectivului protecției mediului prin contribuția dreptului penal [Articol]

Abstract

The contribution of criminal law to the attainment of the objective of protecting and preserving the environment cannot be overlooked, particularly from the perspective of adapting it to the needs of reality and increasing the danger of destructive actions for the natural heritage. As early as 1977, resolution no. 5 of the European Environment Law Council stressed that fundamental value such as life or private and public property, the environment must be protected on the same basis by criminal law: together with murder or theft, each criminal code must contain one or more criminalisations of pollution, injury, destruction, degradation or other encroachment on nature. The process of adapting criminal legal means to the requirements of environmental protection has two main sides. The first starts from the insufficiency of the adherence of classical criminal legal regulations and institutions to the specifics of ecological problems, explained especially from the historical perspective and which required an obvious effort to adapt.