ARPAE Environmental crimes Protocol, Prosecution and Police Forces

Protocol Ecoreats signed on 18.05.2016 by the Attorney General of the Court of Appeal of Bologna, dott. De Francisci, the general manager of ARPAE, dott. Bortone, the representatives of the nine local bureaus and the commanders of the NOE Carabinieri, State Forestry Authority and Harbor Master’s Office are aiming to ensure homogeneous application throughout the regional territory of the legislation on ecoreates as per Law 68/2015.

Law 22 May 2015 n. 68 introduced Part Six-bis on the Environment Code (Decree 152/2006) entitled to the sanctioning discipline of administrative and criminal offenses in the field of environmental protection. It is a procedure to extinguish certain types of environmental offenses by fulfilling the requirements imposed by the determining body and subsequent payment in the administrative area of ​​a sum equal to one quarter of the maximum fine imposed for the offense (Article 318 -quater). The Ecoreats Protocol clarifies that admission to the procedure can take place if both the following two conditions coexist:

1. 1. That the offense is a contravention (crimes are excluded);
   2. that the illicit has not caused “actual and actual damage or danger to damage to protected environmental, urban or landscape resources” (Article 318-bis of the Italian Civil Code).The Ecoreats Protocol also stipulates that the organ of all the provisions of the central organs is the regional ARPAE, which will take care to prepare standard requirements for each of the extinguishable offenses under the Sixth Part of the Code of the Environment (dlvo 152 / 2006).

Download (Protocollo_Intesa_Reati_Ambientali.pdf, Unknown)