NOI INCRIMINĂRI ÎN MATERIA PROTECŢIEI MEDIULUI
NEW CRIMINALIZATIONS IN THE FIELD OF ENVIRONMENTAL PROTECTION

Summary/Abstract: The crime of non-compliance with the regime of restricted precursors is an ex novo offense in the new Penal Code, having no counterpart in the 1968 Penal Code, and was imposed following the domestic adoption of special legislation on operations on restricted explosives precursors, in accordance with European regulations on the matter. The role of the new criminalization is to contribute to compliance with the state's positive obligation regarding guaranteeing compliance with the legal regime established for operations that have restricted explosives precursors as their object. Being a hypothesis of incriminatio ex novo, it will be subject to the principle of the activity of the criminal law, the regulation will be incident exclusively to the acts committed after its entry into force. The justification for the new criminalization consists in the observance of the state's positive obligation to ensure, also on the territory of Romania, all the conditions necessary to comply with the regime of operations regarding restricted explosives precursors imposed by recent European regulations. In Romania, the regime of explosive materials is regulated by Law no. 250 of July 20, 2022 regarding explosives precursors, as well as for the modification of some normative acts. The mentioned normative act regulates the production, experimentation, processing, possession, transport, provision or use by authorized legal or natural persons of precursors of restricted explosives. The introduction into the territory of Romania, the removal from the territory of Romania, the production, experimentation, processing, possession, transport, transaction, use, making available or any other operation with precursors of restricted explosives is carried out only by economic operators.

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