| Summary: | This contribution aims to discuss the extinguishing mechanism of environmental violation ruled by artt. 318-bis of d.lgs. 3 April 2006, n. 152. It analyses the ratio behind this procedure and its dogmatic framework within the systematic types built from criminal law, highlighting how the hybrid nature of this institute also affects the related problem of the possibility to extend it to the concurrent crime of positive effects due to the “regularisation”. Moreover, this contribution touches on the relationship with the discretionary oblation ruled by art. 162-bis c.p., pointing out critical elements of inadequacy of this extinction procedure; finally, from a de iure condendo perspective, it discusses the other reward measures actioned by the reform’s legislator, all united under the goal of environmental restoration and remediation.
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