Sustainable Development and Precautionary Principle: what is the Role of Criminal Law?,

author Mario Iannuzziello
journal RIDP (ISSN: 0223-5404)
volume 2020
issue The Criminal Law Protection of our Common Home
section Environmental Protection and Criminal Law: Opportunities, Limits and Alternatives
date of publication Dec. 1, 2020
language English
pagina 135
abstract

Sustainable development and precaution are topics that recently have entered the juridical
debate. These principles have found a normative dimension in international declarations, in
European treaties and in the legislation of some states, having a common ground in the
environmental protection. Some production processes, in fact, may cause mass victimization and
widespread, serial, and historical offenses. Thus, the perspective also involves the criminal-policy
strategies and the role that the precautionary principle could play for the protection of broadspectrum
legal goods. Indeed, the precaution moves according to a generic perspective and a
specific one. The former could be a criminal-policy principle, while the latter an imputation
criterion. In the ordinary hazard, in the risk assessment and in the risk management, the generic
precaution could select what causes an offense against the environment and the health, giving—
in this way—also a subsidiary criminal protection.