الحماية الجنائية للبيئة ضمن منظومة التشريعات الفلسطينية
نادية خالد محمد فرج
Nadia Khaled Mohammad Farj
The aim of this study is to identify the criminal protection of the environment within the Palestinian legislative system and the extent of the interest of the Palestinian legislator in protecting the environment in all its aspects and its components because of its special importance for its direct connection to human life and livestock and agricultural resources from soil, crops, trees and forests. Water and air environment. In addition, we discussed the concept of environmental law, environmental crime, legal adaptation, environmental protection under the Penal Code, and the legal adaptation of environmental crime. As well as the physical and moral component of the crimes of pollution of the environment and criminal behavior and the criminal result and the causal relationship and moral pillar in terms of intentional environmental crimes and unintentional environmental crimes, and as we addressed the responsibility The criminal responsibility of the natural person and the criminal responsibility of the legal person, as well as the criminal liability for environmental pollution, namely, the state of necessity and force majeure, the use of the legitimate authority and the president's orders. As well as the criminal treatment of crimes of environmental pollution in the Palestinian laws, Administrative and civil penalties. At the end of this thesis, I concluded with a number of results, the most important of which were: the absence or weakness of criminal sanctions. Punitive provisions in terms of imprisonment or fines generally characterized environmental legislation in Palestine. To the protection of the environment, which came in the form of sanctions expected by the administrative authority to confront the crimes of harm to the environment, which have already signed to work to mitigate and reduce the harmful effects, and also that the penalties imposed by the legislator restricted the judge subject penalties not commensurate with the size of the crime and the character of the offender where It is punishable by imprisonment, fine and non-conformity with the quality of environmental crimes that occur, and with the amount of damage caused by them. The study also issued a number of recommendations, the most important of which are: The necessity of speeding up the implementation of the executive regulations of the Environment Law No. 7 of 1999, which requires the issuance of these regulations and be comprehensive and integrated environmental law with the help of specialists and experts in the environmental field, as well as the need to amend some provisions of laws relating to the environment And to keep abreast of the developments on the local and international scene by modifying some of the provisions of the articles contained in the Environment Law, and the necessity of tightening some penalties, which are sufficient to impose the fine as a means of deterrence and activate the treaties ratified by Palestine in the environmental field. And to work on the training of the members of these and the courts to work on resolving these cases in an expeditious manner, and to work on amending and tightening the penalties for the crimes of the environment and establishing sanctions that are consistent with the specificity of these crimes.