Environmental Crimes Listed in the Polish Penal Code Since 1997

Szwejkowska, Małgorzata; Zębek, Elżbieta

doi:10.1515/iclr-2016-0074

Cited by 2 publications

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“…This provision legislates the crime of pollution of the water, air or ground with a substance or radiation in such quantities that could pose a danger to the life or health of human beings and cause significant destruction to plant or animal life. Conditions of criminal responsibility for the crimes in this group are those that cause: 1) threat to human life or health, 2) significant reduction in the quality of water, air or the surface of the earth, and 3) destruction to the plant or animal world in significant sizes (Radecki 2011;Szwejkowska, Zębek 2013).…”

Section: Crime Of Serious Pollution and Ionising Radiationmentioning

confidence: 99%

Important issues in select European Union countries’ criminal environmental law in compliance with Directive 2008/99/EC

Zębek

2021

Vestnik SPbSU. Law

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This article analyzes issues in criminal environmental law in Poland, the Czech Republic and Germany, which implemented the provisions of the European Commission Directive 2008/99/EC. The provisions of this directive changed the scope of protection of environmental resources in these countries’ penal codes to varying extents. These three countries have been relatively successful in comprehensively implementing criminal directive provisions. This included changes in the special protection of Natura 2000 sites and ozone depleting substances. Legal systems are generally based on prevention and risk assessment, and the basic conditions of criminal responsibility for environmental crimes include “significant damage, causing damage to the health of another or animals and plants, damage to other property and also water, air, soil and environmental components which have significant value”. Additional aspects include environmental damage over larger areas and restoration costs. However, the greatest current problem is the vague definition of conditions of criminal responsibility, which makes it difficult to enforce legislation. The following postulates de lege ferenda were formulated: clarify the premises for offenses against the environment, specify the costs of remedying environmental damage, define critical emission standards for environmental crime, as well as specify activities in protected areas that threaten objects. This article emphasizes that an increased and better definition of the conditions of criminal responsibility for environmental crimes enacted by EU countries may contribute to more effective enforcement of infringements of environmental protection law.

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Section: Crime Of Serious Pollution and Ionising Radiationmentioning

confidence: 99%

Important issues in select European Union countries’ criminal environmental law in compliance with Directive 2008/99/EC

Zębek

2021

Vestnik SPbSU. Law

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International Waste Shipment Between The Eu Countries in the Context of Criminal La

Zębek

Chodorowska²

2019

Przegląd Policyjny

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This article shows the basic European Union and national regulations with regard to international shipments of waste, such as the Resolution No. 1013/2006 and the Act of 2007 on international shipments of waste in Poland. Procedures which may decrease the negative infl uence of waste on the environment, especially during shipments of hazardous waste, play an important role in this area. For the observance of these procedures, the penal sanction system is useful because it prevents illegal activities in this area. However, an analysis of the statistics of the Supreme Chamber of Control and Police shows that the effectiveness of criminal instruments is not very high. This is evidenced by the low percentage of proceedings under Article 183 of the Penal Code as well as by the poor detection of offenders, and despite the increase in the number of convictions imposed by courts of general jurisdiction, criminal penalties are too lenient.

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Environmental Crimes Listed in the Polish Penal Code Since 1997

Cited by 2 publications

References 0 publications

Important issues in select European Union countries’ criminal environmental law in compliance with Directive 2008/99/EC

Important issues in select European Union countries’ criminal environmental law in compliance with Directive 2008/99/EC

International Waste Shipment Between The Eu Countries in the Context of Criminal La

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