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Legislative formulation of the legal element of environmental crime: an analytical study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 44, Volume 15, Issue: 1 part 1, March 2025, Pages 127-1256 PDF (632.93 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.151624.1308 | ||
| Authors | ||
| Nermeen razzaq abubaker* ; Shwan Omer khder | ||
| Koya University/Faculty of Humanities and Social Sciences/Department of Law | ||
| Abstract | ||
| The legal element of environmental crime is represented in the legal texts that criminalize acts of aggression against the environment with its various elements, and thus it is the source of criminalization and punishment for environmental crimes. Due to the importance of the subject, we addressed it in three demands, so that in the first demand we addressed (the concept of the legal element in environmental crime), and we reached the insufficiency of criminal texts to protect the environment, especially with regard to the oil operations taking place in the region, considering that the Kurdistan Region is a country rich in oil wealth, and in the second demand we addressed (methods of the legal element in environmental crime), and we found that there are two methods for formulating criminal texts with regard to environmental crime, which is the method of blank texts and the method of broad texts with flexible formulas, as for the third demand, we discussed (the problems of the legal element in environmental crime), and we concluded that some of those problems are due to the distinctive nature of environmental crimes, while the other some of those problems can be avoided by the legislator adopting a comprehensive and unified environmental law system for all substantive and procedural provisions related to environmental crimes. | ||
| Keywords | ||
| Legal element; environmental crime; environment; referral; flexible formulation | ||
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