Omission of polluted sites ex art. 257 TU environment and remediation project’s predisposition: the Cassazione turns to the topic

Abstract

The paper aims to critically retrace the argumentations provided by the Court of Cassation in the sentence object of the present note. Through the decision in note, the judge of legitimacy takes position with respect to two distinct issues: on one side, the crime configurability of omitted remediation also in case an obliged subject hinders the creation of the remediation project, as act required for the predisposition of the remediation project; on the other side, the exclusion of the possibility to invoke a inexistent general principle of impossibility of requiring the conduct, if not when it leads to a positive exclusion cause of the objective or subjective criminal liability.

Keywords

• crime of omitted remediation of polluted sites
• omission of the remediation project’s predisposition
• inexistence of an economic justification principle