THE ENVIRONMENTAL CRIME IN ACCORDANCE WITH LAW 4/1994 AND THEIR IMPACT ON ENVIRONMENTAL PROTECTION | ||
| Journal of Environmental Science | ||
| Article 1, Volume 50, Issue 11, November 2021, Pages 87-120 PDF (578.43 K) | ||
| Document Type: Review Article | ||
| DOI: 10.21608/jes.2021.208413 | ||
| Authors | ||
| E. Abo El-Fetouh Ahmed1; F. El-Gohary Mostafa2; F. Ammar Ahlam3 | ||
| 1Post graduate student at Faculty of Post Graduate and Environmental Research, Ain Shams University | ||
| 2Faculty of Law, Ain-Shams University | ||
| 3Egyptian Environmental Affairs Agency | ||
| Abstract | ||
| Environmental protection is one of the urgent issues that preoccupies the world at the present time, especially after all the risks to which the globe is exposed to various damages have spread, including the severity of pollution of water, air and soil or the encroachment and depletion of natural resources or the encroachment on biological diversity. It is a crime against the environment, not only against the right of individuals and the right of society, but against the right to confront future generations. Environmental crime is a distinct crime in modern legislations, and this distinction has caused a real crisis for those legislations as a result of the failure of the traditional forms of crime to understand the requirements of this crime, especially in this crime. Many people wonder today about the feasibility of environmental criminalization in light of its ineffectiveness due to all those legal problems that it encounters, whether at the level of the legal, material, or even moral pillars. Its usefulness in confronting environmental crime, and if the law And since the administration has completely failed to reach that goal, the general trend in criminal jurisprudence is towards the development of an environmental criminal law that only deals with environmental matters. All those difficulties facing the protection of the environment in light of the traditional concepts of criminal law, as despite all the development that the environmental legislation movement has known, but at the level of criminalization, environmental crime is still analyzing the convergence of many problems in this regard. The environmental crime (E.C) indicates the bad behaviour which disequilibrate the environment and loom over the stability of the future of the humanity on the earth. Therefore lawmakers surrounds this crime by successive legislations which keeps the human rights to live in a pure environment. On the top of these legislations the Egyptian law No. 4 for 1994 which deals with the crimes of polluting the terrestrial atmospheric and aquatic (wateric) environments. It is the first unified environmental enactment-even some of its articles are criticized- it is a civilizational step that indicates the comprehension of the Egyptian legislator and his interesting to save the natural environment and mankind against the bad activities which leads falling the human life and may destroy it. In this study we shall identity the characteristics and the elements of the (E.C), also we shall represent; analyses and criticize the (E.C) within the frame work of the law No. 4 for 1994. Especially those articles which deals with activities that merit the penalty of criminal, delict and contravention, in this aspect we shall identify the properties and restrictions of each penalty. Taking into consideration to what extent these punishments are convenient to either the properties of the Egyptian community or the actual application and execution of these punishments according to the decisions of judgment. | ||
| Keywords | ||
| Key Words: Protection; Environmental Crime; Problems of Criminalization; Liability | ||
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