The principle of criminal legality and the need for an adequate wording of the crime of illegal mining
DOI:
https://doi.org/10.15381/lucerna.n4.25246Keywords:
Illegal mining, environmental contamination, specific danger, blank criminal offense, environmentAbstract
The wording of the crime of illegal mining has some shortcomings that have not been corrected to date. The last modification of Legislative Decree No. 1102 by Legislative Decree No. 1351 establishes that the normative element “to carry out a mining act” is carried out on a metallic and non-metallic resource, which can only be complied with in the Madre de Dios region and not in the entire national territory. This is counterproductive, considering that illegal mining is present in 21 of the 25 regions of the country. The poor wording means that, due to the principle of criminal legality, the act of benefiting is not sanctioned as a crime of illegal mining. The wording of this crime can be improved to avoid impunity in two ways: by incorporating each of the mining acts of the MGL in Article 307-A or by changing the wording of this “whoever performs a mining act (...)”.
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