Lexambiente (Dec 2019)
The problematic aspects in the system of extinction of environmental crimes envisaged by Title VI-bis of the T.U.A.
Abstract
The extinction system for environmental crimes envisaged by part VI-bis of the T.U.A. has given rise to doubts about the application of the special procedure. The main questions of interpretation concerned the identification of the crimes envisaged by the T.U.A. for which the use of the extinguishing procedure is allowed, the meaning of the exclusion of its applicability “when the crime has caused concrete or actual damage or danger of damage to the environmental resources, urban planning or protected landscape”, the possibility of extinction for the crimes that punish the lack of authorization and the question whether it is possible to admit the offender to the payment of the facilitated payment, even if no prescription is given for the impossibility (material or legal) of its issue (on which the recent Cass. 36405/2019 was pronounced)
