Judgment No. 29076 of 2024: Illegitimacy of the 'Spannometric Method' in Waste Calculation

The recent judgment No. 29076 of April 5, 2024, filed on July 18, 2024, offers an important reflection on the methods of ascertaining crimes related to waste disposal. In particular, the Court of Cassation ruled on the illegitimacy of the so-called 'spannometric method', used to calculate the quantity of waste. This decision not only clarifies critical aspects related to evidence but also reveals the regulatory gaps that may arise within the context of environmental legislation.

The 'Spannometric Method' and its Illegitimacy

The Court declared the appeal challenging the use of the 'spannometric method' inadmissible, a estimation technique based on photographic surveys and measurements taken by the judicial police, without providing a precise estimation indication. In particular, the judgment emphasizes:

Claimed illegitimacy of the so-called 'spannometric method' for calculating the quantity of waste - Inadmissibility - Reasons. Regarding the appeal to the Court of Cassation, it is inadmissible, as it resolves into a criticism concerning the reconstruction of the fact as carried out in the merits judgments, the reason for appeal which asserts the illegitimate use, in relation to crimes concerning illegal waste disposal, of the so-called 'spannometric method', consisting of the approximate determination of their quantity, based on photographic surveys and measurements carried out by the judicial police, without any precise estimation indication.

This position of the Court aligns with the principle of legality and the necessity for rigorous and documented evidence in the field of environmental crimes. The Court referred to the current regulations, particularly Legislative Decree No. 152 of April 3, 2006, which establishes clear requirements for waste management and the methods of ascertainment in case of illegalities.

Regulatory References and Jurisprudence

The reference to Legislative Decree 152/2006 is crucial to understand the regulatory context in which this ruling fits. In fact, Article 256, paragraph 2, of the aforementioned decree establishes that illegal waste disposal must be ascertained through scientific and documentable methods. Jurisprudence, as highlighted by the previous case laws (No. 18521 of 2018, No. 6717 of 2019, No. 22035 of 2010), confirms the necessity to avoid approximate and unverifiable approaches.

  • Regulatory reference: Legislative Decree 152/2006
  • Relevant case law: No. 18521/2018, No. 6717/2019, No. 22035/2010

Judgment No. 29076 of 2024 thus highlights the importance of adequate legal training for law enforcement and professionals in the sector, in order to ensure that investigative tools are always compliant with the principles of legality and guarantee.

Conclusions

In conclusion, judgment No. 29076 of 2024 represents a significant step towards greater environmental protection and a more rigorous waste management. The illegitimacy of the 'spannometric method' highlights the need for more solid and documentable ascertainment tools in pursuing environmental crimes. Therefore, it is essential that sector operators and competent authorities commit to following regulatory and jurisprudential guidelines to ensure effective environmental justice that complies with legal principles.

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