Lexambiente (Feb 2021)
ACTIVITIES ORGANISED FOR THE ILLEGAL TRAFFICKING OF WASTE AND LIVING LAW: IS IT STILL RELEVANT AND REASONABLE TO INCLUDE THE OFFENCES REFERRED TO IN ARTICLE 51, PARAGRAPH 3 BIS OF THE CODE OF CRIMINAL PROCEDURE?
Abstract
The case law shows that the offence provided by Art. 452 quaterdecies of the criminal code is widely applied to misconducts which are not connected to contexts of organized crime. This structure of the "living law" makes unreasonable the current inclusion of the crime, (as an autonomous offence, and not as an offence for the purpose of a conspiracy) in the category of organized crime offences referred to in Art. 51, paragraph 3 bis of the code of criminal procedure.
