الفهرس | يوجد فقط 14 صفحة متاحة للعرض العام |
المستخلص This research is about the subject of “The criminal responsibility of the moral person in the field of environmental crimes (Comparative Study)”, where there was a need to study this topic since the lack of a complete theory about it here in Egypt, Unlike many Arab and foreign countries, and France comes in the lead, which has integrated the provisions of the criminal responsibilities of moral persons generally under the Modern French Penal Code, according to what was included in detail in this study, and this study was divided into six chapters. where it was presented by an introductory chapter where the criminal responsibility of the moral person was reviewed between acceptance and denial, and the acceptance of the phases as were passing in terms of this liability since its denial and then approve it in the Comparative legislation and Egyptian legislation until it was clearly approved by the Modern French Penal Code. In this aspect, the position of the Jurisprudence and legislation and judiciary was highlighted, especially in Egypt and France and England and Netherlands and few Arab countries such as Algeria and Libya and Yemen and Kuwait and Syria and Bahrain and Iraq, and the future of the criminal responsibilities of moral persons in Egypt, where the criminal responsibilities of a legal person is settled as law in Egypt in most of the jurisprudence levels, but the Legislator has not taken this as a settled ٧٣٦ rule yet, but it was taken as an exceptional practice in some situations, unlike the case in France and many of the western and Arab countries where the criminal responsibilities of a moral person was taken as a general principle at the sole of the penal code. Hopes are held for the Egyptian Legislator to interfere deeply and to approve this liability as the urgent need and the serious necessity is clear now to control the moral person who became a terrifying monster dares to commit serious crimes in this manner without any legal deterrence to prevent from doing that, especially the public morals. This study also determine the concept of the environment and its elements for which should be protected in details, in terms of the linguistic and terminological and legal identification for both the environment and the pollution, and the clarification of pollution types in the three most known shapes considering the element which is harmed, which are the air, water and soil, unlike the other types of environmental pollution from different aspects in terms of the elements on environment which are protected by the power of law. The study also examined in details the statement of the legal construction of the crime of polluting the environment by the moral person, in terms of its three traditional pillars, represented by the forensic, material and the moral element. And review of the legislative policy texts of which approves the criminalization and punishment regarding the environment abuse, along with ٧٣٧ concentrating on this term across different legislations directions, which tended mostly to customize a separate law to deal with this type of crimes, Though this does not preclude the existence of a special criminal texts in other legislation, or even in the same penal code. The study pointed out clearly the elements of the material pillar, criminal behavior and criminal consequence and the casual relationship between them, and the moral pillar, the study also clarified how the environmental crime committed by a moral person differentiates in terms of the elements of material and moral pillars, especially when a moral person commits an environmental crime by refraining from performing an imposed duty by a stated law, and the expansion of the significance in terms of the outcome of a crime by its both temporal and spatial terms, especially with the crimes of environmental pollution and the necessity the material and objective liability about it, and the Legislator’s expansion in approving the danger besides the crimes of environmental abuse, and the difficulty in proving the casual relation, also the environmental crimes committed by a moral person accidently or intentionally, where the evil intention which leads to an evil behavior by the moral person is exactly the same as the normal person. In the third chapter of this study, the controls of criminal responsibility of moral persons in the field of polluting the environment for those that they get questioned in this regard, stressing on the need of approving the principle of ٧٣٨ responsibility held by the legal person publicly and privately including the state and public regional moral persons, due to lack of any accepted legal proof because of the discrimination in the adoption of criminal responsibility to these persons, especially with the expansion of the state’s role and participating with those persons and individuals in almost all the activities, and then participating in the environmental crimes committed. Then the study showed the relationship between the moral person and his legal reps and staff which is based on the theory of the Organ. And the study discussed two conditions, the criminal responsibility of the moral persons in terms of crimes towards the environmental pollution in the Egyptian and French law in addition to some of legislations in Arab and foreign countries, the two conditions are committing the environmental crime by one of the moral person’s staff or representatives provided that the pollution crime to be committed under the person’s name, and to clarify the legal effect for a moral person’s representative to bypass the law. The study also clarified how the Egyptian legislator is widening in these two conditions where the responsibility of moral person in the field of polluting the environment is there whether the crime was committed by him, or by one of his staff. The fourth chapter of this study is clarifying the effect of the criminal responsibility of moral persons being set against committing crimes in the field of polluting the ٧٣٩ environment, where the position of each the jurisprudence and the legislation and the judiciary is reviewed toward the idea of the duplication of the criminal responsibility of normal and moral person, and the scope of this base. The fifth chapter determined the cases where the criminal responsibility of the moral persons in terms of crimes towards the environment is not accomplished, for reasons such as permissibility and contraindications of responsibility and contraindications of punishment, where it does not cast out from the general roles stated in this manner, in addition to the modern reasons stated by the modern French penal code. Those texts and barriers were highlighting the texts of the environmental law and laws approved by it, And for these reasons and barriers of privacy in certain positions for environmental crimes attributed to legal persons. And finally, in the sixth chapter of this study, the system of punishment toward the moral person is discussed, regarding the crimes of environmental pollution, where the research was limited to the criminal punishments, and how it is appropriate to the moral person’s nature, and the extent of its affection in the practical practice, where the study concluded the necessity of activating the practice of existing penal in Egyptian legislation and the necessity of taking updated penalties down to achieve the purpose of punishment for the legal person, and that is his reform and evaluation, and achieving the deterrence, public and private, including protecting the environment from ٧٤٠ dangerous activities which are growing day after day, there is nothing prevents updating and upgrading the penal system of which can be imposed on the moral person in order to conform with his own nature. But there are precautionary measures that can complement deficiencies and provide alternative solutions to face the dangers that may result from the deviation of a legal person in the exercise of his activity. |