الحماية الجنائية للبيئة

Abstract

The environment is a vast and complicated subject, considering it includes almost all aspects of life (land, water, air, space, living beings, heritage ... etc.) And that is why it is difficult to perceive it clearly, and accordingly the forms of pollution and means of harming the environment are multiple and varied, and thus it is difficult to envelop this subjectproperly. And that is why the issue of preserving the environment and providing adequate protection is not the easiest thing to accomplish. Especially from a legal point of view, this difficulty is due to the fact that environmental protection legislation is considered as one of the branches of modern law, because the need for this law emerged only at the beginning of the second half of the twentieth century, when problems emerged and worsened due to the human abuses of environment and living-beings since nearly three decades. Although the international community kept doing efforts since about the late sixties by establishing agreements and by concluding pacts and international treaties that ringed the emergency alarm and set limits on excesses committed on the environment internationally, especially regarding pollution of the high seas by oil and its derivatives, either by harmful waste and nuclear essays or war crimes and many other examples, this is not enough seeing the endless environmental hazards that do not stop growing and worsening. And nationally, Algerialike other developing countries, strives to put a legal arrangement aiming to face the dangers of environmental pollution of all kinds, regarding the penal protection of the environment; crimes remain in a conventional protective field, the legislature is blamed for adopting a traditional division of environmental crimes on the one hand and on the other to decide the conventional sanctions and penalties stipulated in the criminal code, it is also accused not to take into account the unified legislation on the environment, given that the laws related to it are scatteredon several sidesamong many laws and decrees. In conclusion Algeria must pass a penal policy which would be more developed and modern in regards to the protection of the environment and update legal means and solutions so that they are best suited for solving its problems.