SOME ASPECTS REGARDING CRIMINAL LIABILITY FOR ENVIRONMENTAL OFFENSES
SOME ASPECTS REGARDING CRIMINAL LIABILITY FOR ENVIRONMENTAL OFFENSES

Summary/Abstract: Unlike civil liability, administrative liability, and disciplinary liability, criminal liability comes into play when members of society do not comply with the requirements of criminal law by committing offenses, and the restoration of the violated legal order can only be achieved through coercion, namely through criminal liability .The offense, as defined by criminal law, which poses a social danger and is committed with culpability, is what triggers specific criminal liability. This applies to both natural persons and legal entities. The general characteristics of criminal liability include the social danger of the actions or omissions of the perpetrator, culpability, with its various forms - intent, negligence, and recklessness - and its provision in criminal law, which is used as the basis for sanctioning the perpetrator. Judges refer to these provisions to determine the specific punishment and the method of judicial individualization, taking into account the limits of punishment and other specific criteria regarding the act and the offender.Environmental crimes have been defined in doctrine as those dangerous acts that affect social relationships whose protection depends on the defense of natural and artificial environmental factors, and these infringements manifest themselves in terms of consequences by causing harm to individuals and legal entities that manage them, endangering the health of people, animals, and plants, or causing damage to the national economy .Another definition that has been proposed, and one that we endorse as an application of the general notion of a crime to the specific context of environmental protection, is that an environmental offense is an act committed with culpability that poses a danger to values of maximum importance to society, human health, the environment in general, and which are defined by criminal law.

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