جريمة إدارة النفايات الخطرة خلافا للقانون العراقي

Abstract

The Iraqi legislator has criminalized the management of hazardous waste in violation of the law in the Environmental Protection and Improvement Law No. (27) of (2009) in Article (35), as it punishes the violator of the provisions of items (Second), (Third) and (Fourth) of Article (20) of this The law requires imprisonment and obligates the return of hazardous or radioactive materials or waste to its origin or disposal in a safe manner with compensation, as the legislator prohibited in Article (20) in paragraphs (Second and Fourth) the transfer, handling, entry, burial, dumping, storage or disposal of hazardous waste Or radioactive waste, except by using environmentally sound methods and obtaining official approvals according to instructions issued by the Minister in coordination with the concerned authority, as well as the entry and passage of hazardous and radioactive wastes except after prior notice and obtaining official approvals. The crime is realized by the availability of its pillars, which are the special pillar represented by hazardous waste, and the material pillar by the availability of forms of criminal behavior such as circulation, storage, burial, burning, transport or dumping, as well as the presence of the criminal intent, which is the knowledge and will of criminal behavior, and the legislator punished the crime with imprisonment and returning the situation to What it was before its commission and compensation for the damages arising from it.