Manifestamente infondata la questione di legittimità costituzionale della fattispecie di inquinamento ambientale (art. 452-bis c.p.); ma i dubbi persistono

Abstract

This particular incriminating case of environmental pollution (Art. 452-bis of the Italian Criminal Code) is in open contrast with the principle of the determination of the criminal offence itself; the exact identification of the scope of operation of the legal provision is, therefore, entrusted to the discretion of the judge. However, in this way, the addressee of the provision is not put in a position to know the boundary between what is licit and what is illegal, prior to committing the misdemeanour. The Italian Court of Cassation called upon to dismiss the unconstitutional exception pursuant to Art. 25 of the Italian Constitution and Art. 7 of the E.D.C. declared the question raised to be manifestly often through merely tautological solutions. On the basis of the considerations provided, as well as the reference made to the positions taken by both the doctrine and jurisprudence, it is concluded that the decision taken of the Supreme College leaves the problematic profiles unresolved and that instead, had to be remitted to the judgment of the Constitutional Court.