LESIJ NO. XXV, VOL. 2/2018
WATER INFESTATION AS A CRIME UNDER ROMANIAN LAW
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.
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: firstname.lastname@example.org).
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.
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
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