‘Riconoscibilità’ del precetto penale e modelli innovativi di tutela. Analisi critica del diritto penale dell’ambiente

[Autom. eng. transl.] Offenses to the environment often produce irreversible consequences both on natural resources and on the population exposed to contamination. They therefore pose fundamental questions to criminal justice, in particular on what is the most appropriate management of that interest, in view of the most effective prevention, in the awareness that similar objectives are made even more difficult by the complexity of the phenomenon of reference. In this perspective, the entire system of the system of penal protection of the environment is ineffective, due to the lack of formulation of the cases with respect to the requests posed by the 'principle of reconciliation', as stated by the Constitutional Court in the 'historic' sentence n. 364 of 1988. In particular, the formulation of environmental contraventions (which presents many critical aspects in the perspective outlined: subsidiarity to administrative law, the extremely technical content of the rules, their 'stratified' construction and full of normative references, the equivocality semantics that often accompanies certain terms and concepts relevant to the formulation of the crime) often give rise to errors on the precept. The latter, however, are rarely excused, given the strict application of the discipline pursuant to art. 5 cp On the other hand, with respect to newly introduced offenses, the centrality of the interpretative moment for the purpose of defining the contents of the precept contradicts the ideal of certainty in the criminal law. Enforcement is prosecuted often even at the cost of the twisting of legal categories and fundamental principles. From a political-criminal point of view, intervention models inspired by restorative justice appear to be promising, as they are aimed at rediscovering the preceptive (and not merely sanctioning) meaning of criminal law: systems of responsive regulation - where feasible - seem to stimulate a 'virtuous' dialogue between all interested parties in view of the better management and protection of ecological resources, to which the accompaniment of the recipient is linked to the observance of the precept.