The penal protection of water in Spain, Germany and Italy

Peris R. J M. The penal protection of water in Spain, Germany and Italy

Must take into account the direct and close relationship that has a proper conservation of the environment or not, with respect to health and human life. Thus, the judicial protection of water is basically the “Crimes against the environment.”

The water is like any other resource with useful applications, a scarce by definition (1), not only because industrialization and development of the people mean greater demands for water, but also because, as a rule, they also bring “deteriorating of the same by    discharge, often uncontrolled, which have effects of short, medium and long term, not only on the water, but on the entire plant and animal life on the planet, can be devastating ‘(2) .

Thus, there is increasing consideration of water as a scarce resource, a common good, which affects not only the environment but also can affect, and sometimes very significantly to the health of people. Certainly, we could say that without water, or, finding it contaminated, can endanger human life or health of persons. Indeed, contamination of water, whether surface or underground, produce adverse effects to short, medium and long term, all plant and animal life of the affected area and sometimes the whole ecosystem. In addition, some of these pollutants are highly injurious to life, hence the overall size and multifactorial on the problems generated is very important, and its effects, often incalculable.

G. Amendola  has considered that the hydrological pollution is, in essence, population growth, industrial development, the alteration of the territorial nature, the existence of some negligence in the field of prevention of the problem and the use of highly toxic substances (3).
It seems that gradually the water pollution is a behavior that is taking hold in the social consciousness as alarmingly harmful, perhaps because “the problem of hydrological pollution, like, in general, the environmental crisis, is now particularly serious because it is not already either in timing or sector: it is permanent and jointly affect the entire planet “(4) and because” 80% of all diseases and over 30% of all deaths that have taken place in the world are direct or indirect as result of consuming contaminated water ‘(5), Blanco L. C.
It is with these principles can be understood as the position of those who have been understood that since the criminal law, it is necessary to criminalize any conduct which constitute a serious intolerable attack against the environment, and  also may  be violated, either directly or indirectly, the health of people. Indeed, we must remember-and this has been granted conditional protection for years, the direct and close relationship that has a proper conservation of the environment or not, with respect to health and human life. Thus, the judicial protection of water is basically the “Crimes against the environment.”

http://diariolaley.laley.es/ Law Journal, No. 7366, Section Tribune, 22 Mar. 2010, Volume XXXI, Ref D-95, ACT Editorial, Spain, 2010. LAW 2084/2010.

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