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 (...)”.
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Hernan Ruiz Bravo
This work is licensed under a Creative Commons Attribution 4.0 International License.
THE AUTHORS RETAIN THEIR RIGHTS:
- The authors retain their rights to the work, trademark and patent, and also to any process or procedure described in the article.
- The authors retain the right to share, copy, distribute, execute and publicly communicate the article published in Lucerna Iuris et Investigatio (for example, place it in an institutional repository or publish it in a book), with an acknowledgment of its initial publication in Lucerna Iuris et Investigatio .
- The authors retain the right to make a subsequent publication of their work, to use the article or any part of it (for example: a compilation of their work, conference notes, thesis, or part of a book), provided that indicate the source of publication (authors of the work, journal, volume, number and date).
