Environment, Environmental pollution, Preventive penal seizure, Court of Cassation, Third Criminal Section, Judgment n. 52436 of 16/11/2017

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Environment, Environmental pollution, Preventive penal seizure, Court of Cassation, Third Criminal Section, Judgment n. 52436 of 16/11/2017

In terms of environmental pollution, to integrate the “fumus” of the crime of damage as per art. 452-bis cod. pen. for the purpose of issuing a preventive seizure order, it is necessary to ascertain the existence of a high likelihood of impairment or significant deterioration of the protected assets, in consideration of the nature and duration of the abusive discharges, Conform, Cass 3 sez . 15865 of 31.01.2017, filed on 30.03.2017, Cass 3 sez n. 10515 of 27.10.2016, filed 03.03.2017.

Source Supreme Court of Cassation

 

 

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