The environment as an object of protection in the Law Punish and criminal Law

the concurrence problem of punitive and sanctioning measures

Abstract

In the field of environment is common to find different rules, in order to strengthen legal protection or to exercise greater social control, overlap seen as punishable by the same or near identical behavior is not easy to delimit. This article attempts to analyze some questions have arisen regarding the environmental sanctions, with particular reference to the principle of “Ne Bis In Ídem” (prohibition of double punishment for the same wrongful act) referred to the conflict between the Law Punish and Administrative Penalty Law, as the matter very conducive environment for application to be configured environment crime as criminal standard in white (due to the incidental nature of environmental criminal lax in respect of administrative law), wich require prior administrative violetion of environmental legislation, which will be one of the elements of the crime. Certainly in the environment the legislature has shown its utter inability to eliminate duplication of sanctions, transferring the problem to the Courts and the Administration for what it is they who solvent.