الحماية الجنائية للبيئة ضمن منظومة التشريعات الفلسطينية
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Date
2019-07-13
Authors
نادية خالد محمد فرج
Nadia Khaled Mohammad Farj
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
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.