Difficulties in penalizing crimes against the environment in the Spanish regulations

Abstract

Environmental concerns have led to internal and international responses to address the excesses of pollution caused by productive, industrial and economic systems and by man's livelihoods, which have caused environmental damage, many of them with an irreversible character. Faced with this situation has emerged the conviction of the need to protect nature, States and International Organizations have become aware of the convenience of adopting Conventions, Agreements, International Treaties, to cooperate in it safeguarding and to adapt their legislation to effectively protect the natural environment. This article analyzes the legal protection of the environment from a global perspective, valuing the national and international implications. Particular attention is paid to crimes against the environment as defined in the Spanish Penal Code and some problematic aspects are exposed when penalizing such conducts.