Regional Workshop Environmental Crime/Environmental ... - RENA

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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 4
Top environmental crimes (according to State Attorney and Ministry of interior statistics): 1. Illegal Fishing 2. Illegal Hunting 3. Illegal Construction 4. Illegal Exploitation of Mineral Resources Implementation is what really counts! 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 and 34: Case three stages to reach criminal
Page 35 and 36: THANK YOU FOR YOUR ATTENTION RENA A
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: Environmental Crimes (Chapter 19 in
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
Page 91 and 92: EU Liability Directive 2004/35/EC
Page 93 and 94: Limited scope of the Directive II
Page 95 and 96: How to remedy environmental damage?
Page 97 and 98: Member State Experience: Germany II
Page 99 and 100: Dr. Fritz Kroiss Environment Agency
Page 101 and 102:
1.2 One of the conclusions of the r
Page 103 and 104:
Environmental liability enforcement
Page 105 and 106:
RENA Activity 1.2 RISP 1st Regional
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Regional Workshop Environmental Crime/Environmental ... - RENA

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