Los delitos contra el medio ambiente en los ordenamientos penal español y nicaragüense

Abstract

The environmental degradation is one of the most serious problems that humanity faces today. The continued deterioration has been suffering the environment and natural resources in recent decades has meant the awakening of the collective consciousness about the conservation of our environmental resources. The widespread acceptance of the negative effects of high industrialization and the way of life of postindustrial society, together with the recognition that the destruction of the environment affects the quality of life that is advocated by the so-called welfare state, found that in many countries, in order to mitigate the threats and achieve more respectful overall performances with the ecological balance, the criminal law as an instrument of environmental protection and natural resources, given the ineffectiveness of other legal mechanisms (law used civil, administrative law) and under the belief that the criminal law is the only means capable of enhancing the consideration of citizens respecting the natural environment, since that gives more stringent protection that they can provide other branches of law. Notwithstanding this, the use of criminal law as an instrument of environmental protection has also been permeated by a series of objections dogmatic character, as well as a number of objections relating to the ineffective implementation. Despite the plausibility of these objections, it is possible to observe a continuous development of environmental criminal law in the various laws of comparative law. To do this work, intended as a first approach to the issues surrounding the creation, interpretation, application and development of environmental criminal law in Spanish and Nicaraguan penal systems is addressed. In this study an analysis of crimes of environmental pollution in Spanish and Nicaraguan penal systems is offered. Specifically the arts. 325 of the Spanish Penal Code; 365 and 366 of the Nicaraguan Penal Code. A review of all the typical elements, and also the emergence of various forms of crime, problems in the framework of authorship and cooperation issues were made. That interpretation is made taking into account the development of the practice of the courts in relation to these criminal provisions; is intended to highlight the most problematic issues in their application, and offer various interpretive guidelines about.