Regional Workshop Environmental Crime/Environmental ... - RENA
Regional Workshop Environmental Crime/Environmental ... - RENA
Regional Workshop Environmental Crime/Environmental ... - RENA
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Case three stages to reach criminal justice:<br />
• Pre – trial investigation<br />
• Trial<br />
Barriers for effective criminal<br />
enforcement of environmental law<br />
• Sentence execution<br />
Reporting <strong>Environmental</strong> <strong>Crime</strong><br />
• Issues with reporting infringements by institutions or<br />
society due to :<br />
– Complex and diverse environmental legislation<br />
– <strong>Environmental</strong> crime not visible as might seem<br />
– Difficulties to determine whether the harm to the<br />
environment is big enough to be reported to<br />
prosecutor<br />
– Overlapping responsibilities of the authorities and<br />
institutions<br />
– Lack of clear victim due to difficulties to connect the<br />
specific activity<br />
Barriers in pre-trial investigation<br />
• Frequent discontinuation of environmental criminal pre-trial<br />
investigations<br />
• Handling complex ( and potentially incomplete) environmental<br />
legislation- prosecutor needs to determine whether the action is<br />
criminal act or misdemeanor<br />
• Determining monetary value on the caused environmental act<br />
• <strong>Environmental</strong> criminal legislation not always can cover all<br />
activities that can cause harm to the environment<br />
• Lack of knowledge ( police and prosecutors) in applying<br />
environmental legislation<br />
• Difficulties finding the responsible , in particular if act committed<br />
by legal person<br />
<strong>RENA</strong> Activity 1.2 RISP 1st <strong>Regional</strong> <strong>Workshop</strong>, 30-31 May 2011, Zagreb, Croatia<br />
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