Environmental crimes, criminological and practical aspects: the criminal enterprise and the honest entrepreneur

In an era of disputes between ecocentric and anthropocentric environmentalist doctrines, with the protection of the environment having taken on constitutional importance, the fight against illicit activities connected to the waste cycle and the verification of the correct implementation of current legislation on environmental matters constitute two conceptual axes that are only apparently simple, which underlie some critical issues, as well as numerous food for thought, for those who undertake the related arduous paths.

These activities, which involve a range of varied actions by the various institutional agencies involved, both from a command and control perspective by administrative bodies, and with an approach oriented towards the direct contrast of offenses with administrative and criminal sanctioning tools, put into practice carried out by the authorities typically responsible for control (A.G., p.g.), pass through criminological assessments (for example, connected to the more or less recurring modus operandi, to the economic purposes and the consequent importance of follow the money, to the so-called NIMTO syndrome on the part of public officials) and victimological (poor perception of illegal environmental phenomena, recurrence of the so-called NIMBY syndrome, reduced propensity to collaborate in the fight).

The increase in widespread awareness, broadly speaking, about the extent of the environmental crime, leads to the creation of a positive driving force of social disapproval and ideal distancing from deviant subjects, in favor of virtuous business operations, respectful of environmental regulations, often contagious, with tangible advantages in terms of ecology, public health, economy and legality.

Programme

Moderator: 
Maria Antonietta Spadorcia, Journalist

14.00 Welcome address and introduction
Maurizio Renzo Ermeti, President of Italian Exhibition Group
Jacopo Morrone, lawyer and President of the Italian Parliamentary commission of inquiry into illicit activities related to the waste cycle and environmental and agri-food crimes
Federico Casolari, University of Bologna – Director of the law department
Luigi Balestra, University of Bologna – Full professor of civil law – Law department

14.10-14.30 Environmental crime: corporate, association or mafia-type crime?
Giuseppe Amato, General Prosecutor at the Court of Appeal

14.30-14.50 Environmental offenses and administrative liability of the entity pursuant to Legislative Decree no. 231/2001. Elements exempting administrative responsibility for the virtuous companies
Pasquale Fimiani, General attorney at the Court of Cassation

14.50-15.00 The procedures for extinguishing environmental offences under Article 318 bis of the "Testo Unico Ambientale"
Carlo Foglieni, President of di AIGA (Italian Young Lawyers Association)

15.00-15.10 The company manager who "could not not know". Guarantee figures and improper crime of omission
Enrico Al Mureden, Lawyer and Full Professor of Private Law – University of Bologna – Law department – Expert consultant to the Parliamentary Commission of Inquiry into illicit activities related to the waste cycle and environmental and agri-food crimes

15.10-15.20 Victimology and reluctance to report. Motivations, introspective and practical analysis, syndromes. Focus on the honest company manager who reports environmental crimes
Chiara Penna, Criminal lawyer and Criminologist

15.20-15.30 Ship recycling and recent environmental law, under the international, EU and national law
Leonardo Salvemini, Lawyer and contract professor at various universities – Expert consultant to the Parliamentary Commission of Inquiry into illegal activities connected to the waste cycle and other environmental and agri-food crimes

15.30 Closure by the Chairs