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Criminal liability for water pollution


Author: Boșcaneanu Marcel
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2018
Scientific adviser: Veaceslav Ursu
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 21 September, 2018
Approved by NCAA on the 23 November, 2018

Abstract

Adobe PDF document – 0.34 Mb / in romanian

Thesis

CZU 343.26:349.6 (043.3)

Adobe PDF document 1.04 Mb / in romanian
0 pages

Keywords

criminal offense, pollution, water pollution, pollutants, contamination, drinking water, environment, environmental damage, danger, ecological balance.

Summary

Criminal liability for water pollution”, PhD’s thesis in law at the specialty 554.01 –  Thesis structure: Introduction, four chapters, general conclusions and recommendations, bibliography of 255 titles, 158 text base pages. The results obtained are published in 8 scientific papers. Key-words: criminal offense, pollution, water pollution, pollutants, contamination, drinking water, environment, environmental damage, danger, ecological balance. Field of study: the paper focuses on one of the most current and complex issues in the special part of criminal law: criminal accountability for water pollution, specifying that environmental offenses are the object of the preoccupations at the intersection of criminal law with environmental law. Objectives: legal-criminal analysis of theobjective and subjective constituent elements of the investigated crime of the art. 229 PC RM; identifying technical-legislative deficiencies that determine inefectiveness of functioning mechanism of criminal accusation of water pollution deeds and making recommendations with the title of lege ferenda that will contribute to improvement of the disussed standards, as well of some related provissions. The purpose of the thesis: is to carry out a thorough investigation of the incriminating legal framework of the water pollution offense, the complex analysis and interpretation of the norm stipulated in art. 229 PC RM, revealing and solving the problems faced by law enforcement bodies in the legal framing of the investigated offense, as well as optimizing, formulating some proposals of lege ferenda (lex ferenda) for increasing the quality of regulations in the field. Scientific novelty and originality of the obtained results: the novelty of the work is determined by the fact that changes are introduced on the issue of criminal liability for water pollution. Within it are proposed notions, theses, conceptions, which put in a new light some of the most controversial issues related to the application of the responsibility for the offense stipulated in art. 229 PC RM. The originality of the obtained results consists in the investigation of the most controversial problems of the science and practice of the criminal law referring to the investigated offense, while at the same time being highlited the technical-legislative deficiencies from which sufferes the norm stipulated in art. 229 PC RM and the formulation of concrete proposals for improving the incriminating framework in the matter of. The important scientific problem solved: lies in the legal organization of a clear mechanism of accusing of the water pollution deed, which will help to eliminate the difficulties, confusions and contradictions that have been encountered until recently in the interpretation and application of the concerned criminal law. In this way, is solved the issue of right penal acussing and qualification of the facts that threaten the integrity of water resources by eliminating the duplication of norms, the clear delimitation between different similar components, both crimes and offences, in order to contribute to the efficiency of the criminal liability for pollution water. Theoretical significance and applicative value of the work: the scientific research carried out revealed the existence of imperfections of normative origin, as well as the insufficiency of research activity in the field of environmental crimes. This situation prevents the correct application and interpretation of the stipulations of art. 229 PC RM. In order to overcome these deficiences, through the present paper, we present to the scientific community, to the law enforcement bodies, to the legislator a series of conclusions and recommendations meant to contribute to the improvement of the normative framework in the field. The implementation of the scientific results: pursues the goal of their application in the process of training students, master students, doctoral law students in higher education institutions, with any form of education, useful to develop scientific publications, as well as in their activity of the law enforcement bodies.