Criminal Protection of the Environment in Jordanian Legislation

  • Abdullah ALKSEILAT Faculty of Law, Middle East University, Jordan
  • Hamzeh ABU ISSA Faculty of Law, Applied Science Private University, Jordan
  • Ayman AL-REFOU Faculty of Law, Middle East University, Jordan

Abstract

Having a clean and pollution-free environment is one of the most important rights of humans. Such a right has been recognized by national and international covenants, so laws have been devoted to protecting them and preventing infringement of their components and elements, because of the importance they constitute at the level of human life.


As a result of the increasing assault on the environment and the gravity of the infringement of its elements, the legislator intervened in all countries (including the Jordanian legislator), to lay down the rules regulating the protection thereof and punishing the perpetrators of environmental crimes through deterrent measures and appropriate penalties.


Therefore, this research will shed light on the criminal provisions decided by the Jordanian legislator in the Environmental Protection Law No. 6 of 2017, especially in terms of the penalties decided by the legislator on the perpetrators of environmental crimes, with the aim of embodying the criminal and legal protection of the environment.


As the aim of this article is to clarify and clarify the position of the Jordanian legislator regarding the penal protection of the environment, we have used the descriptive and analytical approach to reach the results.


The article concluded that the Environmental Protection Law stipulated several crimes to protect the environment in its various forms, but the legislator did not put in place precautionary measures prior to the occurrence of the crime, and on the other hand, the provisions laid down by the legislator are still scattered and need a general rooting for all environmental crimes.


 

References

[1] Law no. 6 of the year 2017
[2] Criminal Procedure Law no. 9 for the year 1961
[3] Penal Code No. 16 for the year 1960
[4] Muhammad Subhi Najm. 2019. Alwajiz Fi Qanun 'Usul Almuhakamat Aljaza'iyya (Alwajiz in the Code of Criminal Procedure), Dar Al-Thaqafa, Amman.
[5] Muqadas Amina. 2019. Al Himaya Al Jinayiya li Al Biya Fi Al Tashri' Al Jazay'iri (Criminal protection of the Environment in Algerian Legislation An Analytical Study in the Light of the Algerian Penal Code and Environmental Legislation), A research published in Djillali Liabes University.
[6] Muhammad Subhi Najm. 2019. 'Usul Almuhakamat Aljaza'iyya (Algerian Criminal Procedure), Dar Al-Thaqafah, Amman.
[7] Ouinas Yahia, 2007. Al’Aliyat Al Qanunia li Himayat Al Biya fi Al Jazayir (Legal Instruments for the Protection of the Environment in Algeria), PhD thesis in Public Law, University of Abu Bekr Belkaid.
[8] Abdellaoui Djawed, 2004. Al Himaya Al Jinayiya li Al Biya. (Criminal Protection of the Environment), Master Thesis, Faculty of Law and Political Science, University of Abu Bekr Belkaid, 2004.
[9] Soleimani Murad. 2016. Al Biya fi 'Itar Al Tanmia Al Mustadama bayn Al Aliat Al Duwalia wa fi Al Qanun Al Duwali (the Environment in Terms Sustainable Development, the International Legal Mechanism, and the International Law), Master Thesis, Faculty of Law, Abderrahmane University of Béjaïa 2016.
Published
2020-03-31
How to Cite
ALKSEILAT, Abdullah; ABU ISSA, Hamzeh; AL-REFOU, Ayman. Criminal Protection of the Environment in Jordanian Legislation. Journal of Advanced Research in Law and Economics, [S.l.], v. 11, n. 1, p. 6 – 12, mar. 2020. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4742>. Date accessed: 05 may 2024. doi: https://doi.org/10.14505//jarle.v11.1(47).01.