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AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

Abstract

One of the most serious types of pollution affecting the Palestinian environment is the crime of noise pollution, the aim of which is to identify this crime in terms of its nature and impact on human health, its legal construction and the resulting sanctions. The researcher used the descriptive and analytical methods, supporting the examination of the decisions of the courts of cassation, and reached a number of conclusions: The crime of noise pollution is a crime of danger, and Palestinian environmental law does not specify noise levels. It is also difficult to account for and determine the conduct that makes up the physical component of the crime of noise pollution. The penalty established as a penalty for the offence of noise pollution also does not amount to the seriousness and prevalence of the offence. The researcher recommends that the Palestinian Environmental Quality Authority, in collaboration with the Ministry of Education and the Ministry of Higher Education, raise awareness of the dangers of noise pollution through television programmes and seminars in schools and universities. The researcher also calls on the Palestinian legislator to add an implementing regulation to the Palestinian Environment Act clarifying noise levels and the mechanism for measuring noise. The researcher also calls on the Palestinian legislature to increase the penalty as a punishment for the crime of noise pollution and to lift the fine limit, commensurate with the gravity of the crime and its widespread prevalence in society.

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