الفهرس 
مفهوم البيئة وعناصرها محل الحماية الجنائيةيوجد فقط 14 صفحة متاحة للعرض العام
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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
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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
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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
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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.