Commentary on Judgment No. 17400 of 2023: Environmental Pollution and Its Constituent Elements
The judgment no. 17400 of January 24, 2023, issued by the Court of Cassation, represents an important moment of reflection on the issue of environmental pollution, addressed by Article 452-bis of the Penal Code. In this judgment, the judge provided significant clarifications on the necessary requirements for the configuration of the crime of environmental pollution, particularly regarding the concepts of "deterioration" and "compromise."
The Legal Definition of Environmental Pollution
According to the maxim reported in the judgment, the crime of environmental pollution is considered a damage crime that occurs through a damaging event. This event can manifest in two alternative forms: deterioration and compromise. The judgment clarifies that:
Crimes against the environment - Art. 452-bis Penal Code - Environmental pollution - Constitutive elements - Identification. The crime of environmental pollution, as per Article 452-bis of the Penal Code, is a damage crime, consisting of a damaging event, caused in an alternative manner and, in the case of "deterioration," consists of a reduction of the object in such a way as to appreciably diminish its value or partially prevent its use, or to make a non-easy activity necessary for restoration, while, in the case of "compromise," it consists of a functional imbalance relating to the relationship of the attacked good with humans and the needs or interests that the good itself must satisfy.
The Implications of the Judgment in Italian Jurisprudence
Judgment no. 17400 fits into an already consolidated jurisprudential framework, as it recalls and confirms previous maxims, such as no. 15865 of 2017. The definitions of deterioration and compromise are fundamental for understanding the extent of criminal liability in environmental matters. The distinction between the two forms of damage allows for a more precise assessment of the effects of unlawful conduct on the environment and people.
- Deterioration implies a reduction in the value of the object in an appreciable manner.
- Compromise refers to a functional imbalance between the good and human needs.
Conclusion
In conclusion, judgment no. 17400 of 2023 represents a further step forward in the fight against environmental crimes, clarifying the key concepts of deterioration and compromise. These definitions not only enrich the Italian legal landscape but also emphasize the importance of protecting the environment as a fundamental collective good. The interpretation of the law by the Court of Cassation underscores the need for careful vigilance and responsibility from everyone to ensure a sustainable and protected future.
