Provisions for the criminal protection of the Environment against Pollution (comparative study under criminal law)

Dr. Khaldoun Fawzi Ibrahim Kandeh; Farouk Hassan Khalaf al - Jubouri

doi:10.25130/rights.v1i4.81

Dr. Khaldoun Fawzi Ibrahim Kandeh Assistant Professor of Criminal Law / Irbid National University
Farouk Hassan Khalaf al - Jubouri Faculty of Law / Irbid National University

DOI: http://dx.doi.org/10.25130/rights.v1i4.81

Abstract

Environment is the broad field that the human lives interactively, and he was and still suffers from the problems that affect him clearly. Environmental pollution is a threat to the natural life of man and other living things, and it considered as one of the most modern problems, this is based on the environmental programmers of the United Nations, It is found that the pollution rate of (60) countries surveyed is very high, and about 10% of the world's rivers are so badly contaminated, because the rivers are corrupt and full of microscopic organisms.

From here you must control the environment from pollution through legislation limiting environmental pollution of all kinds.

In our research, we have noticed that there is a shortage and inadequate in some legislation for environmental protection in criminal law, so we will try find out the shortage aspects and make some recommendations and proposals to address some of them as much as possible.

Our study aimed to manifest the concept of environment and it relation with pollution and its kinds and to see the legislative basis for the protection of the environment from pollution, and the provisions of criminal liability and the extent of natural persons and moral responsibility in environmental crimes and crime is established for each, and to know the concept of environmental crime types, and clarifying the provisions of environmental crime, and environmental elements of the crimes and identify penalties for environmental crime.

The study concluded that most sanctions contained in some Arabic legislation are weak and not proportional to the nature of the risks and damage to the environment, and most have been limited to only in fines, as well as polluting the environment crime differed from other than the rest of the guts of the time and place of the crime, and the different conditions of the criminal responsibility of moral persons in environmental crime from other crimes.