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ISSN 2611-8858

Topics

Misdemeanours

The Environmental “Diversion”: Reductionist Effects and Systemic Concerns

The Law No 68 of 22 May 2015 introduced a diversionary procedure enabling the out-of-court settlement of certain minor criminal violations of the Environmental Code (Legislative Decree No 152 of 3 April 2006). This article analyses in depth the various stages of this innovative procedure, placing particular emphasis on its possible legal qualification. The policy functions of the new procedure and its scope of application are also critically assessed. Conclusively, the article concentrates on the new procedure's compliance with the principles of restorative justice. It is sumbitted that this new diversion scheme can be regarded as a form of de facto decriminalisation, based on a bargaining process which sits ad odds with aims of restorative justice.

Environmental Crimes and Corporate Criminal Liability

The article is focused on the profound innovations to the corporate liability ,that have been introduced by Italian Law n.68/2015 related to the environmental crimes.The corporate liability, which has been introduced by the Decree Legislative n.121/2011 that have inserted the art. 25 undecies into the Decree Legislative n. 231/2001, has an implemented list of enviromental crimes. The analysis, from one side, will focus on the critical aspect of this matter, in particular with reference to the new regulation related to the cancellation of fines, and to no reference to the systems of enviromental management. From the other side, it concerns to the possible future scenario of the regulamentation, which still needs further rules in order to be fully in compliance with the principles of legal certainty.