La tutela penale dell'ambiente. Bene giuridico e tecniche di incriminazione.

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Abstract

[automatically translated] The survey on the environment through criminal law is carried out in a systemic perspective, in order to verify the sealing edge of the fundamental principles of criminal law and the structural categories of the offense in a representative area of the modern risk society. The criminal environmental law seems to be moving on a collision course with the solidity of traditional penal guarantees, to the point of suggesting solutions or return to the so-called criminal law. classic or radical abolitionist. The study develops instead an alternative route, from the selection of a notion of good criminally protectable environment to test the prediction of its possible effects on typing technique of this case, in order to determine in what way and to what extent the criminal law can adapt their traditional instruments to the protection of the 'new' value. The survey suggests a notion of environment, which takes as its starting point the "consumability" and "perishability" of its material components, while not neglecting the unfailing functional relationship between the asset and the man (cd notion "ecocentrico- moderate ", as opposed to the traditional concept of environment anthropocentric). The offense is detected in the nucleus as well reconstructed suitability of the conduct punished to contribute significantly altering the physical, chemical and biological equilibrium of the environment. At the same time, it legitimizes a system of protection focuses on the relationship between criminal law and administrative law, since the former would intervene for the violation of any non caution imposed by the government, but only those aimed at containing the risk of injury and serious deterioration of individual natural ecosystems, from a consideration of the empirical context - factual, in which they fit the individual human activities. The notion Ecocentric-moderate environment - to which other human sciences have landed before the criminal law - is the leitmotif of the entire investigation. In the first part of the research, it tried to show how through this concept prove surmountable criticism traditionally addressed by the doctrine of minimum criminal law to environmental criminal law (the reference is to the theses of Hassemer, Baratta and Ferrajoli). It then analyzed the existing criminal legislation noting that even some types of currently existing environmental criminal offense - even with the shortcomings that derive them from being included in a regulatory system disorganized and inefficient - can appear in accordance with the principle of offensiveness, if read from the perspective of a different sense of the legal subject of criminal protection. The comparative sorting Spanish comparison is the link between the fact-finding phase and the phase of proactive investigation, because the solutions adopted by the Spanish legislature represent a significant example of the incidence of the notion of good environment on the drafting technique of incriminating case and on the typing of danger and leave room for the enhancement of the environment well materiality dimension in key eco-centric - moderate. The survey phase proactive finally described how and to what extent the assumption of a moderate-ecocentric perspective can help resolve the issue of lack of offensiveness environmental case of abstract danger, but does make it appear as inevitable renunciation of a crime of drafting technique focused on the violation of discipline extrapenale industry. And that,
Original languageItalian
PublisherGiuffrè
ISBN (Print)88-14-13511-8
Publication statusPublished - 2007

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