Contaminación ambiental, residuos e instalaciones peligrosas para los recursos naturales y el ambiente, tras la reforma de 2015

Abstract

Pollution, waste and hazardous facilities are, in general, along with products equally likely to affect natural resources, human activities that deserve greater attention from environmental protection. Also the most advanced criminal laws ensure coverage potentially prejudicial conducts through adequate definition of the incriminating part of each of these groups of behaviors. This is usually not necessarily simple if (as applicable) is not to punish mere administrative disobedience, and seeks to structure the criminal types from its specific harmfulness material for the environmental legal right. At the European level, it should also warn against the negative consequences of a literal copy of legislation that, in the same article, require the criminalization of behaviors highly different scope (as “cause” and “able cause”). The restructuring of the environmental crimes by Law 1/2015, improved featured defects of the previous regulation, but falls back in the indicated error, which leads to include in the same offense assumptions which by their different nature and scope, should not in any way deserve the same punitive treatment.