Penal Code Reform


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The Penal Code Reform provide more regulation to crimes against the resources natural and the environment. All this is more directed to the waste management and handling which is found at the national level.

Previously, this was not well established in the regulations, so an immediate change was necessary. Based on this, care has become more arduous, being necessary Mention the changes that were made.

There are some changes below that are of great importance to the system. For more information, you can contact the Penal Code.

Penal Code Reform
Penal Code Reform

Improvements to the Chapter on Crimes Related to Environmental Protection

In the Penal Code Reform there is an improvement in the systematics of the Chapter III- Title XVI. The same is about crimes against natural resources and the environment, establishing the following:

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Point 1

You can find, separately and classified, the acts that are considered ecological crimes in a new Article. Other articles added are those referring to crimes related to waste and industrial activity offences.

Point 2

After the regulation of criminal types, there are aggravated types in a new Article (327). Although this has not undergone changes in its wording, it can be applied to all criminal offenses previously described.

point 3

Another new item is the 328 in the Penal Code Reform. This develops the possibility of legal persons in the commission of said crimes.

The person who performs it must serve 2 years in prison. For some company, it will comply with the payment of a fine from 1 to 3 years.

This fine can also be double or quadruple the damage caused if the resulting amount were higher. Other cases may vary according to the amount of the fine and the damages that have been done.

A judge or court It can impose other penalties that are given according to the actions of the crime committed.

point 4

There are also forecasts of prevarication by authority or official in environmental matters. This is found in the Article 329 of the Penal Code Reform, which does not change the initial content.

point 5

Finally, there is the damage to protected natural spaces in the Article 330. At the same time, there are reckless environmental crimes in the Article 331, without giving any change to the Penal Code.

Modifications of the environmental crime

In the Penal Code Reform there is a new type of environmental crime. It deals with offenses that may cause substantial damage in the quality of air, soil, water, animals or plants.

This is punishable by prison sentences from 6 months to 2 years, together with a fine of 14 months. In addition, the special disqualification for profession or trade for time is added. from 1 to 2 years.

Said modification greatly complicates the difference between the crime and the administrative infraction applicable by reason of the matter. Thus, many situations will be regulated by the Competent administrations, Prosecutors, Courts and Tribunals at the exact moment they appear.

As for the damage differences, you have to resort to the norm regarding environmental responsibility. The same, has to be related to the prevention and repair of environmental damage according to its severity.

The penalty “reduced” is another point of Penal Code Reform It also generates great controversy. It is aimed at behaviors that generate or may generate great environmental damage over others that seriously harm to natural systems.

Each has a different penalty, so your character is effective for each aspect of the damage dealt. Thus, the substantial environmental damage they will not go unpunished in the face of the sentences destined for their execution.

Modifications of the crime related to waste

This modification is given by the need to incorporate behaviors provided for in the Article 3, letter "b". There the revision of the waste disposal mandatory, including operations carried out by merchants and intermediaries.

These will be actions that can cause death or serious injury to people or serious damage to air quality. Added to this is the quality of the soil, water, animals or plants; being conducts considered part of serious negligence.

In the Penal Code Reform the differentiated penal treatment of discharges and deposits of the Article 325. Added to this are all the activities of setting up deposits or dumps of hazardous waste.

Each modification is applicable to the serious offending types of the corresponding automatic norms in the matter.

waste transfer

The modification in the Penal Code Reform, is aimed at imposing the obligation on Member States. These must consider as a crime the transfer of waste that affects other people for the large amount.

Whether intentionally or due to gross negligence, you must give yourself the crime review. Thus, there are some terms in which the penalty is indistinct between the crime or the administrative infraction.

However, at this time there is no precise interpretation on this particular issue. This is because the Courts have not made any pronouncement on the meaning of “a lot of waste”.

In addition, there is still no reference to the production of serious danger or the carrying out of substantial environmental damage. So, the commission of a crime with these characteristics it depends on the commission of a double condition.

It is based on knowing that the transfer is carried out contrary to what is stated in the community norm. Added to this is the fact that the transfer is “a non-negligible amount of waste”.

illicit transfer

In the Penal Code Reform casuistry aimed at the definition of “illicit transfer” of the Community Regulation. In this sense, the shipments of waste that deserve penal sanctions are those that are carried out as follows:

  • Without notifying the competent authorities affected in community with the EU regulation.
  • Without the authorization of the competent and affected authorities as established by the EU Regulation.
  • That authorization has been obtained from the competent authorities concerned through fraud, forgery or misrepresentation.
  • In some way that is not formally specified in the movement or notification documents of waste.
  • If at any time there is a recovery or disposal of waste that breaks the international or community standard.
  • If the export prohibitions of the C are violatedommunity to Third Countries of waste. The same as long as they are destined for disposal and recovery, such as overseas countries or territories.
  • Waste that exceed 20 kg and are intended for recovery that must be accompanied by some information. They will violate the law if they do not appear in the links III, IIIA or IIIB of the EU Regulation.
  • Residues that are destined for laboratory analysis for the evaluation of their physical or chemical characteristics. Also to determine their suitability to be able to assess or eliminate them and they do not comply with the obligation to accompany information.

Also considered are those that exceed the 25 kg.

  • Transfers made without correct specifications in the document of the Annex VII of the EU Regulation.

Application of aggravated rates to the crime related to waste

In the Penal Code Reform there is a section on the aggravation of penalties due to concurrence of circumstances. The same can be For example:

  • Clandestinity or lack of administrative authorization.
  • Disobedience to express orders of the Administration.
  • Falsification or concealment of environmental information.

Thus, they will also be applied to crimes related to waste. This, as is known, was not in the Penal Code before, being now seen in his Article 327.

Based on this, it is recognized that aggravated environmental crimes They will be punished instantly. Each penalty will always depend on the damage that has been done and who are those who are seriously harmed.

Consequences found in the waste management sector

This Penal Code Reform It has great importance in terms of environmental criminal liability. In addition, it is shown to what extent it is used to combat poorly performed practices according to what the rule establishes.

It also demonstrates how the objectives of prevention and recovery exposed by the European Union. Thus, the intensification of all this should not necessarily be perceived as an improvement in the situation.

This is because it is not a situation that can be disregarded. The crimes related to this matter are greater daily, so the Penal Code Reform gives better regulation.

Based on this, the crimes will be punished with greater precision and as appropriate in each situation. The specifications are clear, it is only necessary give a study of the situation what exists. 

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