Răspunderea penală în cazul infracţiunilor privind regimul deşeurilor în contextul reglementărilor naţionaleşi europene
Criminal liability in the case of criminal offences relating to the waste regime in the context of national and European regulations

Summary/Abstract: The ecological crime had an ascendant evolution in the last years, and the environmental crimes regarding the waste regime has become an important source of illicit profit for the law breakers; this phenomenon being encouraged by the deficit application of the legislation. The liability for the damages caused to the environment is made by means of civil or administrative nature and by criminal nature, following by choice the prevention and, only in subsidiary, the sanction of such facts, and the means of criminal law are governed by the principle of the minimum intervention. For the use of the penal liability in the case of facts of breach of the environmental protection regulations, it is necessary that these facts shall be stipulated by the criminal law as crimes, shall be executed with guilty and shall present the degree of social danger specific to a crime, that means to express a serious menace to human, animal or vegetal health. The environmental crimes are those dangerous facts that prejudice the social relationships whose protection is conditioned by the defense of the components of environment; prejudices that form a damage caused to the legal entities and natural persons that own or manage these components, in order to create a menace to the human, animal or vegetal health, or to cause damages to the national economy. The ecological crimes contain the crimes regarding the waste regime that are regulated by the Criminal Code, in Law no. 101/2011 on the prevention and sanction of some facts related to environmental degradation, in the the Government Emergency Ordinance no. 195/2005 on the environmental protection, in the Law no. 211/2011 regarding the waste regime, as well as the Law no. 111/1996 on the development in safe manner of the nuclear activities. The judicial regime of the waste and the facts of breach of this regime are regulated by a strict provision of the European Union legislation; the principle directives whereby some regulations of waste generation and management are established, the facts of unfulfillment of those rules that can be qualified as crimes, as well as the general principles of penalty/sanction that are transposed in the national legislation by Law no. 211/2011 and Law no. 101/2011, represent the European Parliament and Council Directive EC/2008/98 of 19 November 2008 on the waste and abrogation of some directives, and European Parliament and Council Directive EC/2008/99 of 19 November 2008 on the protection of environment through criminal law. The Directive EC/2008/98 contains an assembly of measurements that ensure an unitary frame of generation and management of waste in such conditions to not prejudice the public health and environment.The Directive EC/2008/99 qualifies as crimes some facts of breach of the rules on the waste management, having as purpose the protection of the environment through means of criminal law. Regarding the sanctionary regime, the member sta

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