Instalaciones y residuos contra los recursos naturales y el ambiente: el artículo 328 CP

Abstract

The reform of the Criminal Code of 2010 amended the content of article 328 completing the offence of establishing yards or dumping sites with new typical sorts relatives to hazardous facilities and in wastes and other dangerous substances, justifying it on the basis of Directive 200/99/CEE. One more time, the reform deserves a very critical opinion due to the inappropriate legislative technique and categorization used, the evident inconsistencies as far as criminal treatment of the different behaviours is concerned and the excesive moving ahead of the barriers to the criminal intervention in a pollution crime that widely occupies the space available in the light of the principles of subsidiariy and ultima ratio.

Keywords

• environment
• dangerous substances
• hazardous facilities
• wastes
• yards and dumping sites