How real is the threat of imprisonment for environmental crime?

Billiet, Carole; Rousseau, Sandra

doi:10.1007/s10657-011-9267-2

Cited by 38 publications

(12 citation statements)

References 23 publications

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“…One can also engage in an empirical comparison of environmental offences with other offences, such as burglary, fraud, homicide and theft, and the severity of penalty that accompanies conviction for particular kinds of acts and omissions in order to gauge ordinal proportionality, which concerns the relative seriousness of offences compared to other offences (Preston, 2007). A rough survey of various countries seems to point to the trend that most offences involving the environment are prosecuted in lower courts (or dealt with as civil or administrative matters), and that most penalties are on the lower rather than higher end of the scale and consist largely of fines (Billiet and Rousseau, 2014; Flynn, 2017; Fogel and Lipovsek, 2013; Lynch, 2017). Internationally, the concern is that many emerging definitions of environmental crime have actually constrained the term by limiting it to crimes associated with breaches of environmental and/or endangered species legislation only.…”

Section: Limitations Of Ecocentrismmentioning

confidence: 99%

Ecocentrism and criminal justice

White

2018

Theoretical Criminology

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Ecocentrism refers to valuing nature for its own sake. This ecophilosophical orientation requires that all social practices incorporate ecological sensitivities and heightened awareness of the intrinsic value of non-human entities. This article explores what ecocentrism means for criminal justice and how the core principles of an ecocentric worldview translate into concrete application. Trends within criminal justice that are broadly supportive or reflective of ecocentrism are summarized. The article also considers the limitations of ecocentrism, particularly in the context of criminal law and in regards to the prosecution of human subjects for environmental offences. A basic premise of the article is that for those interested in eco-justice and green criminology, it is vitally important to describe what an eco-just future might look like, and this includes recognition of and support for already existing ecocentric initiatives evident in some policies and practices across criminal justice institutions.

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Section: Limitations Of Ecocentrismmentioning

confidence: 99%

Ecocentrism and criminal justice

White

2018

Theoretical Criminology

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“…Belgian criminal law has three principal sanctions, which all have a punitive character: imprisonment, fines, and community service . It is legally possible, and common, to impose more than one principal penalty, for instance, combining a fine with a prison sentence (Billiet & Rousseau ). For each selected principal penalty, the judge also needs to determine the penalty level within the minimum and maximum limits set by the legislator.…”

Section: Background Of the Criminal Sanctioning Of Environmental Offementioning

confidence: 99%

Punishing environmental crimes: An empirical study from lower courts to the court of appeal

Billiet

Blondiau

Rousseau

2013

Regulation & Governance

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We analyze judicial policy lines concerning the punishment of environmental crime using a unique European dataset of individual criminal cases, including case-specific information on offenses and offenders. We investigate policy choices made by lower criminal courts, as well as their follow-up by the relevant court of appeal. The sanctioning policy of the courts has proven to be varied as well as consistent. Judges carefully balance effective and suspended penalties, most often using them cumulatively, but in specific cases opting to use them as substitutes. Overall, both judges in lower and appeal courts balance environmental law and classic criminal law and aim at protecting individuals and their possessions as well as the environment.

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“…Furthermore, the principle of strict liability arises to overcome the limitations of the liability principle based on fault, namely accountability which requires an element of error that the victim or the plaintiff must prove. 23 In practice, the plaintiff often experiences difficulties in proving it. Many environmental polluters are free from responsibility because the victim or plaintiff cannot prove the existence of a genuine environmental dispute.…”

Section: A Introductionmentioning

confidence: 99%

Strict Liability in Environmental Dispute Responsibility Before and After the Enabling of Omnibus Law

Faizal

2021

aelr

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With the limitation of the principle of fault-based liability, which is not effective in the implementation of the responsibility for activities with high risk, Law No. 23 of 1997 concerning Environmental Management and Law no. 32 of 2009 concerning Environmental Protection and Management which adheres to the principle of absolute responsibility or strict liability. The regulation regarding the principle of strict liability is clarified in Article 88 of Law no. 32 of 2009 (UU PLH). However, with the passing of the Omnibus Law, which changed Article 88 of Law no. 32 of 2009 becomes article 88 of the Omnibus Law, which eliminates the principle of strict liability. This writing uses a normative approach, a statutory approach. The data analysis used is a qualitative analysis. The elimination of strict liability in resolving environmental disputes is considered a shift, which in the provisions of Article 88 of the Job Creation Law seems to provide an opportunity for corporations to pollute the environment without firm accountability. The government seems to protect the sustainability of a corporation more than the interests of the community. The type of research used in this study is using normative legal research methods using a statutory approach and literature study.

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How real is the threat of imprisonment for environmental crime?

Cited by 38 publications

References 23 publications

Ecocentrism and criminal justice

Ecocentrism and criminal justice

Punishing environmental crimes: An empirical study from lower courts to the court of appeal

Strict Liability in Environmental Dispute Responsibility Before and After the Enabling of Omnibus Law

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