The Criminal legal protection of the environment under the applicable Criminal Code


1Department of Agro-environment and Ecology; Agriculture University of Tirana, Kodër – Kamëz, Albania

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The Criminal Code was adopted in 1995. The Code groups the criminal acts against the environment in the Chapter IV of the special part. The grouping of criminal acts against the environment in a separate chapter serves for a better classification of offenses under the common group object and is also an indicator of a significant change in the conception of the environment and its components as a direct object of criminal acts. The Criminal Code of 1995 made significant changes compared with the previous Criminal Code. Concerning to the variety of criminal acts, it is noted that in addition to the actual figures that existed before, although distributed in different headings, they are already grouped in a separate chapter and at the same time have added new figures of criminal acts against environment. An innovation of the Criminal Code is the assessment of the lawmaker on the degree of social risk of the offense and the importance of the object protected by the criminal norms consists in selecting the classification of various acts against the environment as criminal offenses or criminal acts. The Criminal Code has changed and with regard to the foreseen punishments. In the code, the criminal acts contain evaluations of technical character such as the case of violation of allowed norms in air pollution or in relation to types of polluting substances in water pollution. Particularly important for criminal acts against the environment in the performance of which legal entities are involved is another innovation brought by the Criminal Code. In this context we will analyze, innovations, differences and similarities with previous criminal codes.

Keywords: criminal; legal; protection; environment; code.




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