INTENTIONAL POLLUTION CRIME OF THE ENVIRONMENT WITH WASTES AND RESIDUALS (TCK ART. 181/1)

The environmental problems caused by the waste or wastes caused by the industry are increasing day by day. The deterioration of the ecological balance, the irreversible pollution of the environment and the insufficiency of the measures constitute a major problem. This situation exposes all humanity to big and irreversible dangers. Due to environmental pollution, humanity is struggling with a series of diseases (cancer, premature aging, depression, lung disease, genetic disorders, etc.). In this context, the level of livability of the environment we live in has been debated by environmentally friendly and other scientific circles. Especially, the pollution of the environment with the wastes and wastes that constitute our working condition has reached an alarming dimension. For this reason, the obligation to resort to criminal sanctions to prevent pollution of the environment has arisen. The crime of deliberate contamination of the environment was sanctioned under the Turkish Penal Code no. 5237. The scope of this study constitutes the deliberate supply of waste or residues to the receiving environment (soil, water and air) in a way that is harmful to the environment. The basic form of the crime is regulated in Article 181/1 of the Turkish Penal Code, major crimes are regulated in Articles 181 / 3- 4 of Turkish Penal Code, Article 181 / 3-4