Water Infestation As A Crime Under Romanian Law

• Author: Sorin-Alexandru Vernea
• Pages: 226-232

LESIJ NO. XXV, VOL. 2/2018

WATER INFESTATION AS A CRIME UNDER ROMANIAN LAW

Sorin-Alexandru VERNEA

Abstract

The purpose of this paper is to highlight the main theoretical issues concerning the enforcement

of art.356 of the Romanian Criminal Code, in regard to the protection granted by several special

regulations that protect water resources.

In order to establish a frame for the content of this article, its structure shall be divided into four

parts. The first part will consist of an introduction, in order to establish the importance of this subject

and its actual status in Criminal Law literature.

The second part will represent the first half of the paper content and will consist of a special

criminal law approach to the provisions of art.356 of th e Romanian Criminal Code, most importantly

pointing out its constitutive content.

The third part, namely the second half of the paper content, will refer to specific provisions found

in art.92 of Law no.107/25.09.1996, namely The Water Law or in art.98, paragraph 4, let.b of

Government Emergency Ordinance no.195/22.12.2005, regarding the protection of the environment

and finally in art.49 of Law no.17/07.08.1990, regarding the Regime of interior maritime waters, of the

territorial sea, of the contiguous zone and o f the exclusive economic zone of Romania, and their

relations with the provisions of art.356 of the Romanian Criminal Code.

The fourth and final part will consist of brief conclusions as resulting from the content of this

article, respectively the actual configuration of water protection, by Romanian Criminal Law

provisions today, with a de lege ferenda proposal.

Keywords: water infestation, environmental protection, criminal lia bility, crimes against the

environment, water protection.

1. Introduction

The importance of water sources is

obvious today for everybody. Life itself and

society as we know it depend on access to quality

water, and therefore, it is expected for water

purity to be protected even on a criminal scale.

Water is a renewable, vulnerable and

limited natural source, indispensable for life

 Phd Candidate, University of Bucharest, Environmental Law, judge, Bucharest 2nd District Court of First

Instance (e-mail: wersera2005@gmail.com).

1

Article 1, paragraph 1 of Romanian Law no.107/25.09.1996, namely The Water Law, published in the

Romanian Official Journal, no.244/08.10.1996.

2

D. Marinescu, M. C. Petre, Treaty of environmental law (original title: Tratat de Dreptul Mediului),

Universitara Publishing House, Bucharest, 2014, p. 165.

and society, raw materials and productive

activities, energy sources and transport and a

key factor in maintaining ecological balance

1

.

By law, the importance of water is

recognized and the subsequent paragraph of

the same article qualifies i t as national

patrimony, that needs to be protected as

such, fact continuously supported by

environmental literature

2

.