Precautionary Principle as a Criterion of Accusation in the Criminal Liability of Crimes against the Environment

Abstract

This research involves a documentary review regarding different theoretical and doctrinal postulates, according to which the affinity and interference of the precautionary principle as a criterion for imputing criminal liability for environmental damage in Colombia are gauged. In order to elaborate on this topic, it was necessary to make a theoretical assessment of a risk society and how the legal doctrine has valued risk as a criterion of criminal accusation. In this research, we provided a description and legal analysis of the precautionary principle in environmental matters and defined the parameters under which this principle is measured. In addition, the development and configuration of the environment as a protected legal right, its classification as a fundamental right, and its interference with the right to life and personal integrity are briefly described. In short, it was necessary to assess and question the scope of malice and its components within the accusation of criminal titles in the scenarios of a risk society and its link with the environmental precautionary principle. All these issues were addressed using descriptive and bibliographic research with a qualitative approach. The criminal liability of those who transgress the principle described above and put the protected legal assets related to the environment at potential risk was analyzed from an objective legal point of view. Likewise, we conducted an in-depth evaluation of the constitutional environmental protection category and the state duties concerning this constitutional mandate.