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\r\nof effectiveness in the environmental protection, by performing a flexible attitude and by fostering\r\nstakeholders’ participation. Such a study is conducted also through a comparative approach with the\r\nU.S. legal system, mainly with that concentred on injunctions.\r\nThe provisions that in the Italian legal framework seem to express those features – as they recognize\r\nprominent relevance to administrative prescriptions in order either to establish or to impede criminal\r\nliability – are critically analyzed. In particular two risks are highlighted: the lack concerning the\r\nenforcement effectiveness; the increasing extension of the precautionary principle application to\r\nprivates entities (i.e. individuals, companies).\r\nAn innovative perspective is sketched out, which is inspired by conservation criminology studies and\r\ntries to enhance several enriching outcomes of the adaptive management approach.