El ecosistema como bien jurídico protegido en el artículo 325 del Código Penal: propuesta de una nueva configuración ecocéntrica integral del delito ecológic

Esteban Morelle-Hungría , Universitat Jaume I


The anthropic pressures exerted on ecosystems, their components or environments, have reached a point that science, in certain cases, has been able to quantify and qualify as a point of no return. The consequences of these impacts generated by a single species must be addressed in order to set up effective and efficient ecological protection mechanisms. For this reason, taking into account the importance of this issue for criminal law, the proposal put forward aims to articulate a new proposal for an ecological criminal offence. It takes into account scientific-technical knowledge in order to transform, in accordance with the new community guidelines, the responses that can be articulated from Criminal Law, defending the so-called ecosystem as a protected legal asset. An analysis of the different positions is carried out and a criminal offence against ecosystems is structured in such a way that a structure of the injustice is proposed, adapted to the knowledge acquired by other areas, configuring a new vision and a new approach to what was previously known as a crime against the environment, becoming a new ecological crime or crime against ecosystems

Environmental Criminal Law, ecological offence, ecological crime, ecosystem, protected legal right.

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