Regional Workshop Environmental Crime/Environmental ... - RENA

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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 4
THANK YOU FOR YOUR ATTENTION RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia 5
Page 1 and 2: The European Union’s Instrument f
Page 3 and 4: RENA Activity 1.2 RISP 1 st Regiona
Page 5 and 6: Working Group 1 Strategic Planning
Page 7 and 8: This Project is funded by the Europ
Page 9 and 10: The need for environmental crime pr
Page 11 and 12: First ruling of the European Court
Page 13 and 14: Types of environmental criminal off
Page 15 and 16: Further criminal offences related t
Page 17 and 18: Directive 2008/99/EC on the Protect
Page 19 and 20: RENA Activity 1.2 RISP 1st Regional
Page 25 and 26: International Environmental Crimes
Page 27 and 28: Breeding a culture of lawlessness a
Page 29 and 30: Environmental crime and human right
Page 31 and 32: REGIONAL ENVIRONMENTAL NETWORK FOR
Page 33: Case three stages to reach criminal
Page 37 and 38: with what 7 golden W (w)how why wha
Page 39 and 40: Karl Frauenberger Criminal Intellig
Page 41 and 42: Investigation by administrative aut
Page 43 and 44: illegal disposal of solid waste Pos
Page 45 and 46: Findings and Investigation by the P
Page 47 and 48: Environmental Crimes in Croatian le
Page 49 and 50: Environmental Crimes (Chapter 19 in
Page 51 and 52: Top environmental crimes (according
Page 53 and 54: Regional Environmental Network for
Page 55 and 56: Expert Witness Function • Assumpt
Page 57 and 58: General observations of the Court t
Page 59 and 60: Environmental Misdemeanour Practice
Page 61 and 62: Most frequent Misdemeanour Cases in
Page 63 and 64: Examples of Environmental Law Enfor
Page 65 and 66: Case 2: IPPC Installation; Waste Ac
Page 67 and 68: Case 3: IPPC site and Water Act Fac
Page 69 and 70: Environmental Crime/Environmental L
Page 71 and 72: The role of Misdemeanour offences i
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RENA Activity 1.2 RISP 1st Regional
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EU Liability Directive 2004/35/EC
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Limited scope of the Directive II
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How to remedy environmental damage?
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Member State Experience: Germany II
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Dr. Fritz Kroiss Environment Agency
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1.2 One of the conclusions of the r
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Environmental liability enforcement
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