Publication details
Criminal Liability as a Tool for Environmental Protection
| Authors | |
|---|---|
| Year of publication | 2012 |
| Type | Article in Periodical |
| Magazine / Source | Journal of International Scientific Publications |
| MU Faculty or unit | |
| Citation | |
| web | http://www.science-journals.eu |
| Field | Law sciences |
| Keywords | emvironmental liability; penalties |
| Description | Anotace: At the end of 2008, Directive on the protection of the environment through criminal law was adopted, stating in its Preambule, that „the existing systems of penalties have not been sufficient to achieve complete compliance with the laws for the protection of the environment“. The Member states were supposed to transpose this Directive till December 2010. In the Czech Republic, only natural (physical) persons were liable for criminal offences up to the beginning of 2012, when a new law was passed introducing the criminal liability of legal persons. Up to 2012, offences of legal persons were subject to sanctions which were usually imposed in the administrative procedure. The contribution will investigate the necessity to make natural and legal persons criminally liable not only from the EU law transposition point of view, but also from practical reasons, such as the impossibility to impose administrative fine, if a crime was committed according to the Czech Water Act in one of its previous versions. The contribution will be focused on comparisson of administrative and criminal penalties and its effectiveness as well. |
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