About Consecutive or Non-Consecutive Character of Acts Forbidden in Art. 182 of Penal Code

Abstract

The article is regarding character of acts forbidden in art. 182 of Penal Code, which is the crime of entering pollutants into earth, water or air in such an amount or for the figure, which can threaten life or health of many persons or cause great damage in plant or animal world. The majority of doctrine perceives this act as non-consecutive, arguing that for committing the crime is not necessary becoming known of the effect in the form of danger for the good protected by the art. 182 (natural environment). It is obvious, that it is not necessary becoming known of danger. The article is devoted to establish, whether causing some other effect is predicted with the provision of art. 182. Analysis of the provision is leading to the statement that it is possible to talk about the criminal effect of the act forbidden in art. 182 of Penal Code. The effect is being the pollutants in the water, the air or the earth. This effect should be assigned to the perpetrator in compliance with all principles of objective assigning.