NORME DE INCRIMINARE INEFICIENTE ÎN MATERIA PROTECŢIEI MEDIULUI PRIN MIJLOACE DE DREPT PENAL
Inneficient Incriminations Norms in The Matter of Environmental Protection Through Criminal Law

Author(s): Andreea Vernea
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: protection of the environment; protection of the forest fund; the nuclear activities regime;
Summary/Abstract: In this paper, the author briefly analyses two provisions of special criminal regulations regarding the protection of the environment, that, due to legislative changes since the enactment of the criminal provision until today, have turned out to be inefficient.In the first part of the paper, the author makes some terminological specifications, while in the second part the constitutive content of the crime regulated by art.107, paragraph 1 of Law no.46/2008 regarding the Forest Code is analyzed.In the third part, the main particularities of the constitutive content of the crime regulated by art.44 of Law no.111/1996 regarding the safe conduct, regulation, authorization and control of nuclear activities, are highlighted.In the end of the paper, the author points out the proposals for improving the legislation, as resulted from the analysis undertaken.

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