Modelli ‘dinamici’ di tutela dell’ambiente e responsabilità penale: problemi e prospettive

The essay aims at discussing the most innovative legal tools that could assure a higher level of effectiveness in the environmental protection, by performing a flexible attitude and by fostering stakeholders’ participation. Such a study is conducted also through a comparative approach with the U.S. legal system, mainly with that concentred on injunctions. The provisions that in the Italian legal framework seem to express those features – as they recognize prominent relevance to administrative prescriptions in order either to establish or to impede criminal liability – are critically analyzed. In particular two risks are highlighted: the lack concerning the enforcement effectiveness; the increasing extension of the precautionary principle application to privates entities (i.e. individuals, companies). An innovative perspective is sketched out, which is inspired by conservation criminology studies and tries to enhance several enriching outcomes of the adaptive management approach.