УБИСТВО ПРЕКУ ЗАГАДУВАЊЕ: КРИВИЧНО ПРАВНА АНАЛИЗА НА СМРТНИТЕ ПОСЛЕДИЦИ ОД ЗАГАДУВАЊЕТО НА ВОЗДУХОТ
HOMICIDE BY POLLUTION: A CRIMINAL LAW ANALYSIS OF THE FATAL CONSEQUENCES OF AIR POLLUTION

Summary/Abstract: Air pollution is one of the most serious threats to human health and the environment, with serious consequences that, in extreme cases, can result in death. Children are particularly vulnerable to these consequences, due to their immature immune system and increased susceptibility to respiratory diseases. This paper analyzes the phenomenon of “murder through pollution”, i.e. situations where the death of a person, directly or indirectly caused by air pollution, can be treated as a criminal offense of murder. The focus is on the legal analysis of the possibility of incriminating such cases under the Criminal Code of the Republic of North Macedonia, as well as the identification of the possible liability of individuals and legal entities. Additionally, the impact of polluted air on the mental and social health of children is addressed, pointing to the possible connection between exposure to toxic particles and the development of aggressive, impulsive and deviant behavior. This opens up space for the analysis of pollution as an indirect risk factor that can contribute to child delinquency. The research includes a review of international standards, domestic case law and comparative examples from abroad, with the aim of formulating specific recommendations. The paper aims to stimulate scientific and practical discussion on the need to tighten the criminal legal framework in cases of death caused by pollution, especially when children are affected. At the same time, guidelines are proposed for the promotion of environmental justice and institutional prevention of child delinquency related to environmental factors.

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