Autor: Sorin-Alexandru VERNEA
Publicat în: Challenges of the Knowledge Society, 2018
Disponibil online: aici.
Abstract: The purpose of this paper is to highlight the main theoretical issues concerning the enforcement of art. 356 of the Romanian Criminal Code, in regard to the protection granted by several special regulations that protect water resources. In order to establish a frame for the content of this article, its structure shall be divided into four parts. The first part will consist of an introduction, in order to establish the importance of this subject and its actual status in Criminal Law literature. The second part will represent the first half of the paper content and will consist of a special criminal law approach to the provisions of art. 356 of the Romanian Criminal Code, most importantly pointing out its constitutive content. The third part, namely the second half of the paper content, will refer to specific provisions found in art. 92 of Law no. 107/25.09.1996, namely The Water Law or in art. 98, paragraph 4, let. b of Government Emergency Ordinance no. 195/22.12.2005, regarding the protection of the environment and finally in art. 49 of Law no. 17/07.08.1990, regarding the Regime of interior maritime waters, of the territorial sea, of the contiguous zone and of the exclusive economic zone of Romania, and their relations with the provisions of art. 356 of the Romanian Criminal Code. The fourth and final part will consist of brief conclusions as resulting from the content of this article, respectively the actual configuration of water protection, by Romanian Criminal Law provisions today, with a de lege ferenda proposal.
Keywords: water infestation; environmental protection; criminal liability; crimes against the environment; water protection.