خصوصية الجريمة البيئية في القانون الجزائر ي

Abstract

Environmental crime is characterized by a unique specificity, involving legal distinctiveness derived from the environment in which it occurs. This distinctiveness is comprised of the legal aspect, drawing authority from general criminal law, which includes penal codes and specific laws related to environmental crimes. Concerning the material or criminal act aspect, the legislator is keen on treating the criminal consequences equally, whether the act is positive or negative. The legislator focuses on the environmental outcomes of the act, considering environmental law the crime as a whole or an attempted crime, unifying the standards between them. In terms of the ethical aspect, most environmental crimes are distinguished by the presence of general criminal intent, namely knowledge and awareness, without the need for specific criminal intent. The legislator emphasizes the concept of error, unifying intent and negligence regarding the completion of the ethical aspect, as well as the specified punishment. These concepts are equalized in many texts in comparative legislations. The specificity of environmental crime manifests in its legal uniqueness and focus on environmental protection and the environmental outcomes of harmful actions. Additionally, there is a desire to strike a balance between environmental needs and economic development, Making environmental crime specificity in Algerian law a complex and dynamic legal subject.