02 Jan Illicit traffic of waste and its intermediary confidants
The confiscation of the means of transport used for the illicit traffic of waste and its intermediary confidants is another matter than the international law firm.
The confiscation of the means of transport used for the illicit traffic of waste and its intermediary confidants is another matter that the international law firm led by the criminal lawyer Alexandro María Tirelli has often faced during the proceedings before the Court of Cassation, ruling recently respect.
At the end of the abbreviated trial the court of appeal of Milan had sentenced a carrier to the penalty of eight months in prison, a penalty that remains pending if he commits the same crime for having helped others, who were tried separately by illegal traffic of waste and its intermediary confidants.
In this case, more than 500 tons of railway rails that would be unloaded when the road was completed, thus configuring the crime accusation mentioned in d.lg April 3, 2006 n.152 art. 260.
The rails were taken from the railroad yard without having undergone any treatment and were transported as secondary raw material.
The original forms of rejection identification (FIR) were replaced with false documents through a purely paper transaction (called a "bubble circle") and the obligations to recover the waste and the subsequent declassification in the secondary raw material were carried out according to It was required in the absence of treatment.
The original forms of rejection identification (FIR) were replaced with false documents through a purely paper transaction (called a circle of bubbles)
The defense filed an appeal for two reasons.
First: the owner of the vehicle was the holder of the authorization for the transport of special waste and, therefore, the activity in dispute, according to the defender, could not be classified as abusive, but would be within the scope of the administrative infraction .
Second, since the conduct under review in the crime sanctioned under the Environmental Law is not within the scope of the law on environmental standards, the confiscation could not be based on the general provision of the law , since it is not a medium that has an illegal nature or function.
The third section of the Court of Cassation, however, considered the appeal inadmissible, confirming the judgment of appeal.
With respect to the first reason, as established in the law, the applicant erroneously focused his attention on the illegal conduct of the carrier and not on the complex illegal activity established in the merits, in which the transport operations constituted a single Phase of the extensive activity of abusive management in practice, making waste appear as treated and declassified in secondary raw materials.
What has been questioned is not only the fact of having carried out special waste transport operations, but of having competed in an organized activity to carry out illegal traffic of thousands of tons of illegal products.
The confiscation of the vehicle - the cassation concludes - is mandatory both in the case of illegal transport of waste, of formless waste or with a form with incomplete or incorrect data, or with the use of a false certificate during transport.
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Very good article, recommended.
- Carlo Espicueta
The illegal traffic of waste and its confidant intermediaries, a worldwide problem.