News
The application of the mitigating circumstance of repairing the damage in the matter of waste: Italian Court of Cassation, sentence 2 October 2019, n. 40378
- 22/10/2019
The Court of Cassation, Criminal section, has recently stated in relation to the issue of reparation of the damage as a mitigating factor applicable to waste regulations.
The case concerned a conviction for the crime pursuant to Articles 110 Criminal Code and to Art. 6, lett. a, D.I. 172/2008 for the management of an illegal landfill without the required authorization.
The Court declared the appeal inadmissible, affirming the following principle: “the mitigating circumstance of the reparation of the damage, or of having used spontaneously and effectively to eliminate or mitigate the harmful or dangerous consequences of the crime, is included in the crimes in waste matter (in the illegal landfill species), when the voluntary reclamation of the area illegally destined to landfill took place before the judgment and in the absence of the union reclamation order”.
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