The reform of Article 9 of the Constitution: nothing new for the criminal protection of the environment

Abstract

The insertion of environment within the fundamental principles of the Constitution does not affect the criminal law. Even before the 2022 reform, environment was already peacefully recognized among the fundamental values of the Constitution through an integrated reading of constitutionals principles, but the matters in environment criminal law come from the vagueness and elusiveness of legal object. In this field, criminal laws often present descriptive deficiencies with regard to the action, the offense, and the legal object, and are based on the violation of indefinite administrative rules. Probably, a more effective protection of the environment could be achieved through subsidiary instruments, and the criminal law should be used only through concrete danger offences aimed at health protection