Aspecte controversate introduse prin Legea nr. 17/2023 referitoare la realizarea elementului constitutiv în cazul infracțiunilor prevăzute de art. 66 alin. (1) și art. 66 alin. (11) din O.U.G. nr. 92/2021 privind regimul deșeurilor
Controversial aspects introduced by Law no. 17/2023 regarding the realization of the constituent element in the case of the crimes provided for by art. 66 para. (1) and art. 66 para. (11) of the Emergency Order no. 92/2021 on the waste regime

Summary/Abstract: The authors analyze the manner that the phrase from art. 66 of the Government Emergency Ordinance no. 92/2021, "the amount or impact on the environment or on the life, bodily integrity or health of persons cannot be neglected" can be interpreted in judicial practice, concluding that, since this normative act does not define what is meant by an impact on the environment that cannot be neglected or a small change in the quality of water, soil or subsoil, it is necessary to refer to other normative acts that generally regulate the environmental protection. Also, the authors extensively analyze the constitutive elements of the offense provided for by art. 66 para. (11) of the Government Emergency Ordinance no. 92/2021, including from the perspective of applying the ne bis in idem principle and the attempt.

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