Compatibilitatea legislației penale din România cu legislația comunitară care reglementează protecția mediului prin mijloace de drept penal
Compatibility of the criminal law in Romania with the community legislation that regulates the protection of the environment by means of the criminal law

Summary/Abstract: This article compares the provisions of the national laws that criminalize the facts against the environment comparatively and their correlation with the provisions of the European Environmental Protection Directive through the criminal law, concluding that the national legislation has fully implemented the provisions of the directive, which are the minimum requirements, some of the facts were incriminated even before the publication of the directive, but the implementation was chaotic, through several special laws with criminal norms, uncorrelated, especially from the point of view of the sanctioning regime, proposing legislative interventions that eliminate these non-correlations and overlaps that generate a non-unitary judicial practice. Also, it is necessary to introduce clear criteria of delimitation between offenses and contraventions, taking as an example the differentiation criteriaprovided in the Forest Code. Last but not least, it is emphasized that in the practice of thejudicial authorities in Romania, it is compulsory to take into account the damage made to the environment and the settlement of the civil matter. To illustrate the non-correlation of the criminal provisions within the Romanian legislation, it is exemplified by a case study in which a final court decision was issued.

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