The Court focuses on the issue concerning the authorization to discharge waters, ruling on the inapplicability to the company of the cause of non-punishment pursuant to the article 131 bis of the Italian penal code and reaffirming certain principles regarding liability pursuant to Legislative Decree 231 of 2001

Abstract

In the sentence n.11518/2019, concerning the discharge of industrial waste waters, the Court of Cassation reiterates the need for a formal authorization to discharge due to its preventive ecological monitoring role. Furthermore, it rules on the question of the inapplicability of the cause of non-punishment pursuant to art. 131-bis c.p. to the company, focusing on the peculiarities of the 231/2001 Legislative decree, of which this paper provides a brief legislative, doctrinal and jurisprudential framework.

Keywords

• discharge of industrial waste waters
• formal authorization
• preventive ecological monitoring role
• criminal responsibility
• body’s responsibility
• cause of non-punishment pursuant to the article 131-bis c.p.