pubblicazioni scientifiche
monografie specialistiche | riviste scientifiche
Henry Neapolitan
Environmental Criminal Law Manual
Zanichelli | 2nd edition | 2024
Law 68/2015 redefined the entire regulatory framework for environmental protection by introducing into the penal code the new Title VI-bis, entitled "Crimes against the Environment"; among these, the new criminal offences of intentional (articles 452-bis and 452-quater) and negligent (article 452-quinquies) environmental pollution and disaster, the unintentional crime of death or injury as a consequence of the crime of environmental pollution (article 452-ter), the intentional crime of trafficking and abandonment of highly radioactive material (article 452-sexies), the intentional crime of impediment of control (article 452-septies), the intentional crime of failure to clean up (article 452-terdecies) and the crime of organised activities for the illicit trafficking of waste (article 452-quaterdecies). Among the new features of this second edition of the Manual: (i) the update to the innovations introduced by the Justice Decree (dl 105/2023); (ii) the amendment introduced by Constitutional Law 1/2022 which places the Environment among the fundamental principles of the Republic; (iii) a new discussion on the precautionary principle in environmental criminal matters and on the relevance of Best Available Techniques (BAT); (iv) in-depth analysis on the subject of HSE delegations, assignment of tasks, instigatory powers of attorney and related employer responsibilities in complex structures; (v) analysis of the new and most recent cases of merit and legitimacy in the case law.
Enrico Napoletano (edited by)
Corporate Criminal Law
Pacini Legal | 2023
Corporate criminal law is constantly evolving under the pressure, on the one hand, of the ever new case law rulings on the subject and the growing introduction of criminal offences in the list of offences giving rise to the administrative liability of the Entity and, on the other hand, of the progressive formation of a culture of corporate compliance. The text proposes an accurate analysis of the main institutions of substantive law that guide the entrepreneur towards healthy business management - the system of HSE delegations, the models for the prevention of corporate, crisis and insolvency risks, the integrated HSEQ compliance tools and the anti-mafia provisions - and the study of the main types of crime inherent in entrepreneurial activity: from tax offences to the new bankruptcy crimes, through environmental and labour crimes and also analysing computer, financial, corporate and money laundering crimes.
Henry Neapolitan
Crimes in waste management and remediation of contaminated sites
Pacini Giuridica | 2nd edition | 2023
Waste management and the remediation of contaminated sites are now at the centre of the main judicial investigations: the first, for illicit cross-border trafficking of waste (art. 259) – if we look at international trade – or for management without authorisation (art. 256) or in organisation (art. 452-quattuordecies) – if we look at the national supply chain – while, instead, the second, for failure to communicate potential contamination or failure to carry out remediation (art. 257 and 452-terdecies) which, generally, leads to more serious contaminating situations in progress: pollution or environmental disaster.
The volume focuses on the technical and legal examination of the two disciplines to understand, in the light of the most recent jurisprudential decisions, addressed for relevant cases, whether and to what extent the environmental criminal cases - structured as contravention hypotheses of abstract danger - are still able to ensure a high level of protection for the Environment, even more so after the recognition among the fundamental principles of the Constitution (art. 9 Cost.).
Henry Neapolitan
Crimes in the management of atmospheric emissions
Pacini Legal | 2023
The criminal protection of air is prepared according to a criminal progression of the criminal relevance of the conduct of air pollution that goes from the most minor contravention types, provided for and punished in art. 279, Part Five, Title I, of Legislative Decree no. 152/06, supported by the pollution prevention measures that the Authority can order depending on the seriousness (art. 278), passing through the most well-known contravention type of "dangerous throwing of objects" (art. 674 of the Criminal Code), historically used to punish the uncontrolled emission of dangerous and annoying fumes to the population, to arrive at the most serious criminal types of new coinage, introduced by Law no. 68/15 in the new Title VI-bis of the Criminal Code, entitled “Crimes against the environment”: respectively, the crime of environmental “pollution” and “disaster” (art. 452-bis and 452-quater of the Criminal Code), the crime of death or injury as a consequence of the crime of environmental pollution (art. 452-ter of the Criminal Code) and the crime of negligent pollution and environmental disaster (art. 452-quinquies of the Criminal Code).
Henry Neapolitan
Crimes in the management of water waste
Pacini Legal | 2023
The management of water discharges has been the subject of a rapid regulatory evolution over the last 50 years, which has created many interpretative problems for both operators in the sector and for control bodies, with a proliferation of administrative and criminal disputes. In line with what is already provided for by the Water Code (Legislative Decree 152/99), the Environmental Code (Legislative Decree 152/06) has also provided for a double sanctioning track to protect water resources: on the one hand, art. 133 provides for administrative sanctions to correct and interrupt those conducted with a lower risk of pollution, while on the other hand, art. 137 provides for criminal sanctions, even if they are fines, to protect water resources from conducts that present a disvalue of increasing danger. In addition to this, there is also a new parallel track, introduced by Law no. 68/2015, which sees in the new Part VI-bis the discipline for the extinction of environmental fines that have not caused damage or concrete danger to a matrix.
Enrico Napoletano (Editor in Chief)
Quarterly journal of environmental law - Environmental Protection
Neapolitan Publisher | 2024
Tutela Ambientale is a quarterly scientific journal dedicated to the study of environmental law and prevention techniques, with a focus on regulations, case law and best practices.
The journal aims to stimulate a renewed and different discussion in the scientific community on the main environmental issues, providing a necessary contribution to bring the norm closer to the technique through a necessary interpretative effort aimed at reattributing sufficient determination to norms, yes general and abstract, but excessively vague and indeterminate with the incessant scientific evolution and technological progress, necessary to remain current in an era that is experiencing the greatest change in history: the arrival in an artificial intelligence whose effects remain, still, all to be evaluated with due expertise.
Tutela Ambientale is a scientific journal registered on 18/04/2024 at no. 60 of the Press Register at the Section for Press and Information of the Court of Rome pursuant to Article 5 of Law 8 February 1948, no. 47 and has obtained the ISSN code no. 3035-4234.