Criminal prosecution and investigation of criminal acts against the environment

• Main Author: Marija Pleić
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2016-05-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Online Access: http://www.pravst.hr/dokumenti/zbornik/2016120/zb201602_601.pdf

This paper analyzes the issues related to the prosecution and investigation of environmental crime, especially in terms of legislative and practical activities of the EU bodies, Eurojust and Europol, in the field of legal protection of the environment. The legislative framework for environmental crime is extensive, complex and often of a technical nature and requires expertise and specialized knowledge of the prosecuting authorities in all stages of criminal proceedings. There are difficulties in detecting environmental crimes and in proving those crimes. Although Croatian criminal legislation sets a high level of environmental protection, there is lack of awareness leading to underestimation of this type of crimes. At EU level there is a need for better and more coordinated cross-border cooperation. The two prosecutorial networks – the ENPE and IMPEL - are very active in the field of environmental crime, inter alia, through the involvement and availability of independent experts for investigations and prosecutions.