La procedura estintiva ambientale: l'idea dell'inoffensività/non punibilità in ottica riparatoria e deflattiva

Abstract. In analyzing the new rules set out in art. 318-bis et seq. of the T.U.A., this paper aims to
highlight that the requirement of the absence of concrete and current damage or danger which
allows access to the environmental extinction procedure must be assessed "in concrete terms": in terms of harmlessness/non-punishability. This environmental reward discipline can thus constitute an important non-punishability tool, together with the particular tenuousness of the fact (art. 131- bis cod. pen.), useful to reduce the load of criminal proceedings and, at the same time, to restore the damaged environment. However, it is considered necessary that the environmental extinction procedure should also be extended to corporate bodies, which are often the only parties capable of restoring the environment and paying the penalty imposed.