Commentary on Judgment No. 17400 of 2023: Environmental Pollution and its Constituent Elements

Judgment No. 17400 of January 24, 2023, issued by the Court of Cassation, represents an important moment of reflection on the topic of environmental pollution, as addressed by Article 452-bis of the Criminal Code. In this judgment, the court provided significant clarifications on the requirements necessary for the crime of environmental pollution to be constituted, particularly concerning the concepts of "deterioration" and "compromise."

The Legal Definition of Environmental Pollution

According to the ruling reported in the judgment, the crime of environmental pollution is considered a crime of damage that is realized through an act of damage. This act can manifest in two alternative forms: deterioration and compromise. The judgment clarifies that:

Crimes against the environment - Art. 452-bis of the Criminal Code - Environmental pollution - Constituent elements - Identification. The crime of environmental pollution, referred to in Art. 452-bis of the Criminal Code, is a crime of damage, constituted by an act of damage, caused in an alternative form and which, in the case of "deterioration," consists of a reduction of the thing that constitutes its object to such an extent as to appreciably diminish its value or to prevent, even partially, its use, or to necessitate, for its restoration, an activity that is not easy, while, in the case of "compromise," it consists of a functional imbalance that relates to the attacked asset's relationship with humans and the needs or interests that the asset itself must satisfy.

Implications of the Judgment in Italian Jurisprudence

Judgment No. 17400 is part of an already consolidated jurisprudential framework, as it recalls and confirms previous rulings, such as No. 15865 of 2017. The definitions of deterioration and compromise are fundamental to understanding the scope of criminal liability in environmental matters. The distinction between the two forms of damage allows for a more precise assessment of the effects of unlawful conduct on the environment and people.

• Deterioration implies an appreciable reduction in the value of the asset.
• Compromise refers to a functional imbalance between the asset and human needs.

Conclusion

In conclusion, Judgment No. 17400 of 2023 represents a further step forward in the fight against environmental crimes, clarifying the key concepts of deterioration and compromise. These definitions not only enrich the Italian legal landscape but also emphasize the importance of protecting the environment as a fundamental collective asset. The interpretation of the norm by the Court of Cassation underscores the need for careful vigilance and responsibility from everyone, to ensure a sustainable and protected future.