THE CRIMINAL OFFENCE OF SHIP-SOURCE DISCHARGES OF POLLUTING SUBSTANCES: DE LEGE FERENDA PROPOSAL FOR THE PROTECTION OF MARITIME AND INLAND WATERS

Abstract

In the Spanish Criminal Code there is no autonomous crime of discharge of polluting substances from ships, unlike what occurs in other community countries. It could be considered, however, that the fact described fits into art. 325 Criminal Code and, for this reason, dispense with any debate on the need to create a type like that in Spanish legislation. As I will try to demonstrate in this work, in my opinion it is necessary to create a specific criminal type of discharge of polluting substances by ships, in inland waters and at sea, in its intentional and reckless form. And this is for criminal, dogmatic and legal policy reasons. Finally, I consider that the recently approved Directive (EU) 2024/1203 of the European Parliament and of the Council of April 11, 2024, relating to the protection of the environment through criminal law and which replaces Directives 2008/99/EC and 2009/123/EC, obliges Member States to incorporate into their domestic law an autonomous crime such as the one referred to. For all the above, a de lege ferenda criminal offense for the discharge of polluting substances by ships is proposed.