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
Implementation – PENALTIES
• The question of what is “effective, proportionate and
dissuasive”
• No strong normative indications, but only some guidance
in the implementation process is needed, based on
doctrine and practical experiences in some MS
• No “one size fits for all” solution at the level of EU;
Directive 2008/99/EC on the Protection of the
Environment through Criminal Law
Implementation – PENALTIES
• Proportionality – relation offence (value) and penalty
(size and type)
• Dissuasiveness – general (legislative) and individual
level
• Effectiveness – deterrence and restoration / prevention
harm
Directive 2008/99/EC on the Protection of the
Environment through Criminal Law
Implementation – PENALTIES
• Criminal vs. administrative penalty – cases not prosecuted
through criminal procedure could benfit from imposition of an
administrative fine
• Inciting, aiding and abetting
• Mens rea (e.g.: intention or at least serious negligence)
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