Regional Workshop Environmental Crime/Environmental ... - RENA

De lege ferenda
The Draft of the new Criminal Code 2011
Possible shortcomings:
� Erasing the crime “Importing of Radioactive or Other
Hazardous Waste Into the Republic of Croatia “
� Still no general provision to sanction damages to the
habitats within the protected site
� Clearer distinguishing protection of the environment
from protection of body/life and property of a person
� Take the quasi-environmental crimes into a separate
head
De lege ferenda
The Draft of the new Criminal Code 2011
Doubts and challenges
Effective, proportionate, dissuasive penalties
� New system of fines: daily amounts (between 20 and
10000 kn), for crimes with selfish reasons 500 daily
amounts- maximum fine is 5000000 kn
� Should interweave with the environmental liability
regime (remediation of the environmental damage- the
polluter pays principle)
� Careful assessment of proportionality
De lege ferenda
The Draft of the new Criminal Code 2011
Doubts and challenges
Ne bis in idem (ECHR case Maresti against Croatia)
� Dangerous overlapping of criminal and misdemeanour law
� Two procedures for the same situation are contrary to the
Constitution and to the European Convention on Human Rights
and Fundamental Freedoms
� Requires a deep and thorough analysis of Environmental
Protection Act and sectoral laws in relation to the Criminal Code
RENA Activity 1.2 RISP 1st Regional Workshop, 30-31 May 2011, Zagreb, Croatia
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