Investigation and prosecution of environmental crime
and defend ecosystems from multiple threats
The Council of the EU and the European Parliament have reached a provisional agreement on a proposal for an EU directive that will improve the process of investigating and prosecuting environmental crime.
The agreement is the outcome of the negotiations that took place in the trilogues, promoted by the Spanish presidency of the Council of the EU.
The acting Minister for Justice, Pilar Llop, has highlighted «the commitment of Spain and the EU to pursue environmental crimes and defend ecosystems from multiple threats«.
She also recalled that «this new law is a framework for joint action that will allow for a unified and coordinated response to environmental crime and, in consequence, to the health and life of European citizens».
The new directive defines environmental crime more precisely and adds new types. For the first time, penalties for natural and legal persons are harmonised across all EU member states.
It was also agreed to increase the number of existing offences in EU criminal law from 9 to 18. This broadens and specifies the type of prohibited conduct and its impact on the environment. The new offences include trafficking in timber, which is a major cause of deforestation in some parts of the world, illegal recycling of polluting ship components and serious violations of chemicals legislation.
Investigation and prosecution of environmental crime
Stiffer penalties
The new directive includes a «qualifying offence», understood as an offence committed intentionally and causing either destruction or extensive and substantial damage of an irreversible or lasting nature to an ecosystem of considerable size or environmental value, or to a natural habitat within a protected area, or to the quality of air, soil or water.
The text proposes stiffer penalties for both natural persons -up to ten years’ imprisonment in the most serious cases – and legal persons – with a maximum penalty of at least 5% of their total worldwide income, or alternatively, €40 million.
Training and resources for investigation and prosecution of environmental crime
In addition, member states must ensure that training is provided for those involved in the detection, investigation and prosecution of environmental crime, such as judges, prosecutors and law enforcement authorities.
EU countries should also ensure that these authorities have adequate means, including qualified staff and financial resources, to carry out their functions. Provisions are also made for support and assistance to persons reporting environmental crime, environmental defenders and persons affected by environmental crime.
Source: www.lamoncloa.gob.es – Ministerio de la Presidencia (CIF S-2811001-C). Complejo de la Moncloa 28071 Madrid – 27/07/2024
Law Offices of Palladino Pellón & Associates – Criminal Defense Lawyers | Investigation and prosecution of environmental crime
Es Licenciado en Derecho por la UBA y curso estudios en la UNED, mediante los que obtuvo el título de Licenciado en Derecho Español, posee un Máster en Criminalística por la Universidad Isabel I, posee un Máster en Derecho por la Universidad Camilo José Cela UCJC, es Experto Universitario en Análisis de la Conducta Criminal por la UDIMA, es Experto Universitario en Psicología Forense por la Universidad Isabel I, es Perito Judicial Experto en Genética Forense, Perito Judicial Experto en Informática Forense, Perito Judicial Experto en Psicología Criminal y Psicología Forense y Perito Judicial Experto en Grafística y Documentoscopia por la EICYC.