The Protection of Water from a Criminal Perspective: Water Crimes in Spain

Abstract

The analysis of crimes related to water in Spain encompasses different perspectives. The most striking one is environmental crimes, as pollution can make water unsuitable for human consumption. In this field, two issues are particularly relevant: the frequent cases of negligence and the involvement of public authorities in the commission of these crimes. The latter is connected to corruption, a crime which can also affect the water sector. Corrupt practices have been revealed as a relevant factor that consists of either collusion with the perpetrator (usually an enterprise) in environmental crimes, or a way to facilitate the commission of these crimes and allow for their impunity. Besides water pollution, cases of water poisoning are also relevant within the realm of environmental crimes. In these cases, a criminal act often involves the negligent poisoning of drinkable water, an act which poses risks or harm to human health, thus rendering it an offence against public health rather than against the environment. Water accessibility and availability can also be affected, not only from a perspective of human health but also from an economic one as fraudulent behaviour or theft during the process of water distribution can endanger universal access to water. Finally, it is relevant to analyse how water can be used as a mean to commit other types of crimes that can affect human life, such as terrorist crimes, whereby water is manipulated to expand a terrorist threat, regardless of whether it is real or fictitious.