The preservation of the environment through criminal law

Abstract

The article examines the contribution of criminal law to environmental protection, questioning whether it is positive or counterproductive. The exposition argues that environmental criminal law has proven largely counterproductive, so that the more environmental criminal law, the less environmental protection. The text describes environmental protection in Germany, the three domains of criminal law with environmental relevance until the 1970s, and the reform that inserted a new chapter into the Penal Code, pointing out the enforcement deficit, selective dark figures, and the symbolic character of the norms. The investigation proposes an intervention law, preventive, with collective responsibilities, strict sanctions, and compensation funds. The conclusion states that criminal law cannot be relied upon to achieve such objectives.