Regional Workshop Environmental Crime/Environmental ... - RENA

Further criminal offences related to environment
� endangerment by nuclear or radioactive material
� endangerment by explosive material
� preparation of an offence committed by nuclear, radioactive or explosive
material
� endangering public security
� production and distribution of weapons of mass destruction
� torturing of animals
- >regulated in other sections of the Criminal Code
� law against the trafficking of protected fauna species
- > regulated in a special law
Structure of criminal offences regarding environment
� In Austria criminal offences regarding the environment can either be:
� Result based crimes -- >> criminal liability depends
on a certain (negative) result
� Abstract-concrete endangerment -- >> solely endangerment causes
criminal liability plus higher punishment if negative result
� Accessoriness to administrative law: Criminal liability depends on violation of
administrative law ���� Permission by administrative authorities ���� lawful
impairment of the environment
Advice to companies: Know the rules
� Ignorance is no excuse, be aware of all obligations defined in
� laws
� by-laws
� Legally binding notices
� Individual acts of authorities (e.g. permits, inspector´s decisions)
� directly applicable regulations of the European Union
Attention: Regarding environmental liability (= obligation to pay for the clean up of
the damage) often it does not help to respect all administrative obligations, but
all measures have to be taken to prevent the damage (details depending on
national legislation)
RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia
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