Regional Workshop Environmental Crime/Environmental ... - RENA

Length of pre-trial investigation
Difficulties to ensure high quality crime scene
examination and swiftness of the criminal process due
to :
– Delays between occurrence of the offence and
initiation of pre-trial investigation – environmental
crime not so visible
– Slow environmental damage assessment procedure
– Lack of qualification among the public experts and
HR
– Incomplete primary crime scene examination and
loss of evidence in case of repeated examination
Criminal trial stage- Court hearing
– Environmental legislation can not cover all possible
cases
– Doubts whether administrative sanction is more
appropriate
– Concepts like “ major harm” , serious threat to large
number of people “ exist while norms need to be
interpreted by judges according to particular
circumstances
– Lack of experience and expertise in the
environmental field
– Problem of identifying the victim – environment is a
concept not a person and needs representation
from authorities
What can be done to improve criminal
enforcement
– Strengthen legislation and fix legal “ loopholes”
– Strengthen the initiation of environmntal criminal
procedure:
• higher control over discretion of institutions responsible
for criminal reporting
– Fixing overlapping authorities of institutionsimprove
cooperation
– Raising pubic awareness
– Raising status of environmental crime- rather
complex task
– Increasing expertise of enforcement officials and
judiciary
RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia
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