Regional Workshop Environmental Crime/Environmental ... - RENA

RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia
Directive 2008/99/EC on the Protection of the
Environment through Criminal Law
Definition of criminal offences
• The list of offences is a minimum list
• All offences must be committed intentionally or by serious
negligence
• All offences must be unlawful acts, i.e. breach of EU
legislation listed in the annexes or national legislation
implementing it
• Large number of indefinite terms: substantial damage,
negligible quantity, negligible impact, dangerous activity,
etc.
Directive 2008/99/EC on the Protection of the
Environment through Criminal Law
Liability of legal persons
• Legal persons must be held liable for acts committed
for their benefit, if offences are committed
- by persons representing the legal person
- or person taking decisions on behalf of the legal person
- or exercising control within the legal person
• Liability of legal persons does not rule out liability of
natural persons acting
• The responsibility of legal persons can be of criminal or
other nature
Directive 2008/99/EC on the Protection of the
Environment through Criminal Law
Implications of the Lisbon Treaty
(Article 83 II TFEU)
• Integration of first and third pillar
• Specific legal basis for minimum rules with regard to the
definition of criminal offences and sanctions if essential to
ensure effective implementation of a Union policy in an
area which has been subject to harmonisation
3