DESPRE TRATAMENTUL PENAL AL ÎNCĂLCĂRII OBLIGAŢIILOR PRIVIND MATERIALELE NUCLEARE ŞI RADIOACTIVE
ON THE CRIMINAL TREATMENT OF THE BREACH OF OBLIGATIONS REGARDING NUCLEAR AND RADIOACTIVE MATERIALS

Summary/Abstract: major objective assumed by the member states of the European Union was to ensure the effective protection of the environment, in this sense adopting Directive 2004/35/EC on environmental liability in relation to the prevention and repair of environmental damage, supplemented by art. 15 of Directive 2006/21/EC of the European Parliament and of the Council of March 15, 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC. Although they were quite difficult to impose, the use of criminal law means to protect the environment have multiplied and diversified, so that, at present, they have an effective role that ultimately aims to ensure the health of current and future generations. Radioactive pollution is an artificial contamination of the environment beyond the values of the natural background, produced by man nowadays, starting with the discovery of artificial radioactivity, with the creation of the nuclear materials industry, especially uranium, nuclear reactors that produce radioactive materials, atomic power plants, etc. Regarding the regime of nuclear materials or other radioactive materials, it should be noted that this activity is provided for in Law no. 111/1996 on the safe conduct, regulation, authorization and control of nuclear activities, republished in 2006, where the activities of using nuclear energy exclusively for peaceful purposes are regulated, under the conditions of nuclear security, protection of professionally exposed personnel, the population, the environment and property against radiation. We mention that prior to the adoption of the framework normative act mentioned above, Romania, by Law no. 78 of November 8, 1993, ratified the Convention on the Physical Protection of Nuclear Materials, signed in Vienna on March 3, 1980. In order to prevent and combat crime in this area, the framework law provided for several crimes in art. 44-47. By adopting Law no. 187/2012, the provisions of art. 44 para. (1) lit. b), art. 45 and art. 46, and art. 47, in the content of which a series of acts of terrorism were incriminated, was repealed. Antisocial acts aimed at protecting the environment were criminalized in the Criminal Code; more, by law, in para. (6) of art. 345 C. pen. there is a special provision for increasing the limits of the fine applicable to the legal person, when it is the active subject of the crime, respectively of the amount of one day-fine, a provision that did not exist in the original regulation.

• Details
• Contents