CONSIDERAȚII REFERITOARE LA REEVALUĂRI NECESARE PRIVIND INFRACȚIUNEA DE INFECTARE A APEI (ART. 356 COD PENAL)

Present in the Romanian Criminal Code (Article 356), with ancient tradition of incrimination, the contamination of water makes the transition from the offences against public health to those concerning the environmental protection, meaning that, although being, in principle, a hazard offence, it involves an immediate result (harmful nature). This situation creates a series of difficulties in practice, including in terms of evidence, as it arises from the recent case law, a fact that requires a series of clarifications.