THE ENVIROMENT PROTECTION THE ENVIROMENT PROTECTION ACCORDING TO THE CRIMINAL ACCORDING TO THE CRIMINAL

CODE OF THE REPUBLIC OF CODE OF THE REPUBLIC OF SERBIASERBIA

DRAGAN OBRADOVIĆDRAGAN OBRADOVIĆPRESIDENTPRESIDENT

DISTRICT COURT VALJEVODISTRICT COURT VALJEVO

December 200December 2008.8.

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CONTENTCONTENT::• INTRODUCTIONINTRODUCTION• THE ENVIROMENT PROTECTION ACCORDING TO THE THE ENVIROMENT PROTECTION ACCORDING TO THE

COMPARATIVE LAWSCOMPARATIVE LAWS• CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIACRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA• SOME CHARACTERISTICS OF THE CRIMINAL OFFENSES SOME CHARACTERISTICS OF THE CRIMINAL OFFENSES

AGAINST THE ENVIROMENTAGAINST THE ENVIROMENT• SMALL JUDICIAL STATISTICSMALL JUDICIAL STATISTIC• ABOUT THE JUVENILES IN SHORTABOUT THE JUVENILES IN SHORT• OFFICIAL STATISTICS FOR JUVENILESOFFICIAL STATISTICS FOR JUVENILES• OBSTACLES IN COURT PRACTICEOBSTACLES IN COURT PRACTICE• OBSTACLES IN COURT PRACTICE FOR JUVENILESOBSTACLES IN COURT PRACTICE FOR JUVENILES• CONCLUSIONCONCLUSION• PROPOSALSPROPOSALS

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INTRODUCTIONINTRODUCTION::

• Every day the Media informs about diffrent Every day the Media informs about diffrent kinds of conduct threatening the enviromentkinds of conduct threatening the enviroment

• There is variety of the enviroment There is variety of the enviroment protection protection in the Serbian Law.in the Serbian Law.

-- The penal protection (in the widest The penal protection (in the widest sens)sens)

-- The civil legal protectionThe civil legal protection

• The penal protection The penal protection – – three forms:three forms:Petty offensesPetty offensesEconomic violetionsEconomic violetionsCriminal offensesCriminal offenses

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THE ENVITHE ENVIRROMENT PROTECTION OMENT PROTECTION ACCORDING TO THE COMPARATIVE LAWSACCORDING TO THE COMPARATIVE LAWS::

• RMNE in its Criminal Law has separate chapter RMNE in its Criminal Law has separate chapter prescribing the criminal offenses against the enviroment prescribing the criminal offenses against the enviroment – 24 criminal offenses. It prescribes criminal liability for – 24 criminal offenses. It prescribes criminal liability for legal personslegal persons

• RM in its Criminal Law has separate chapter prescribing RM in its Criminal Law has separate chapter prescribing the criminal offenses against the enviroment – 17 criminal the criminal offenses against the enviroment – 17 criminal offensesoffenses

- - it contains the rule of liability of legal persons for it contains the rule of liability of legal persons for criminal offensescriminal offenses

• RCRO in its Criminal Code has separate chapter RCRO in its Criminal Code has separate chapter prescribing the criminal offenses against the enviroment - prescribing the criminal offenses against the enviroment - 13 criminal offenses13 criminal offenses

-- it has the Act on the responsibility of legal it has the Act on the responsibility of legal persons persons for the criminal offensesfor the criminal offenses

• RSLO prescribed liability of legal persons for crimnal RSLO prescribed liability of legal persons for crimnal offenses, as well as Bosnia and Herzegovinaoffenses, as well as Bosnia and Herzegovina

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CRIMINAL LEGISLATIONCRIMINAL LEGISLATIONOF THE REPUBLIC OF SERBIAOF THE REPUBLIC OF SERBIA

• Two periods:Two periods:I I untill the Criminal Code was adopted and came into force untill the Criminal Code was adopted and came into forceIIII from that on from that on

• II In the first period Serbia had general and particular criminal legislationIn the first period Serbia had general and particular criminal legislation

- General criminal legislation:- General criminal legislation:The General Crimal Law – two criminal offensesThe General Crimal Law – two criminal offensesCriminal Law of the Republic of Serbia – did not have a chapter Criminal Law of the Republic of Serbia – did not have a chapter prescribing the criminal offenses against the enviroment (criminal prescribing the criminal offenses against the enviroment (criminal offenses against the economy – 8 and criminal offenses against offenses against the economy – 8 and criminal offenses against poeple’s health and man’s enviroment – 5)poeple’s health and man’s enviroment – 5)

- Particular legislation: - Particular legislation: (numerous acts, but the two important) (numerous acts, but the two important) Act on Ionic radiation protection (1)Act on Ionic radiation protection (1) Act on prohibition of building a nuclear plant in FRY (1)Act on prohibition of building a nuclear plant in FRY (1)

• IIII From 1.1.2006. – when new Criminal Code came into forceFrom 1.1.2006. – when new Criminal Code came into force:: By the first time all criminal offenses against the enviroment were placed By the first time all criminal offenses against the enviroment were placed in separate chapter: The criminal offenses against the enviroment in separate chapter: The criminal offenses against the enviroment (chapter XXIV)(chapter XXIV)

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SOME CHARACTERISTICS OF THE CRIMINAL SOME CHARACTERISTICS OF THE CRIMINAL OFFENSES AGAINST THE ENVIROMENTOFFENSES AGAINST THE ENVIROMENT::

• The main protective object – the enviromentThe main protective object – the enviroment

• Some of these criminal offenses contain descriptive conceptions Some of these criminal offenses contain descriptive conceptions which are undefinedwhich are undefined

- - In higher measureIn higher measure- - ооn the wider rangen the wider range- - big proportionbig proportion- - longer time and big expenses needed to remove the longer time and big expenses needed to remove the damage damage

• In most cases a perpetrator shall be punished if he has acted with the In most cases a perpetrator shall be punished if he has acted with the intent or the negligance, but 9 criminal offenses from these chapter intent or the negligance, but 9 criminal offenses from these chapter can be comitted only with intecan be comitted only with intennt. (articl. 162, 266-269, 274-277 of the t. (articl. 162, 266-269, 274-277 of the Criminal Code)Criminal Code)

• Criminal proceeding for these criminal offenses is instituted ex officio Criminal proceeding for these criminal offenses is instituted ex officio by the public prosecutorby the public prosecutor

• The Code prescribes, in some cases, that a perpetrator shall be The Code prescribes, in some cases, that a perpetrator shall be punished for the atempt. (article 265-3. 266-1 and 275-1,2 of the punished for the atempt. (article 265-3. 266-1 and 275-1,2 of the Criminal Code)Criminal Code)

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SOME CHARACTERISTICS OF THE CRIMINAL SOME CHARACTERISTICS OF THE CRIMINAL OFFENSES AGAINST THE ENVIROMENTOFFENSES AGAINST THE ENVIROMENT::

• In some cases the Code explicitly provides possibility that In some cases the Code explicitly provides possibility that suspended sentence can be applied with order for the suspended sentence can be applied with order for the perpetrator to take prescrbed measures to protect, preserve perpetrator to take prescrbed measures to protect, preserve and improve the enviromentand improve the enviroment (remedy measures): Article 260-(remedy measures): Article 260-264 and 266264 and 266

• For the criminal offenses of poaching game and poaching For the criminal offenses of poaching game and poaching fish the Code prescribes forfeiture of:fish the Code prescribes forfeiture of:

- T- The objects used in perpetration of the criminal he objects used in perpetration of the criminal offensesoffenses

- T- The objects of the criminal offenseshe objects of the criminal offenses

• The perpetrator of the criminal offenses: physical personThe perpetrator of the criminal offenses: physical person

• The Criminal Code has not prescribed criminal liability of the The Criminal Code has not prescribed criminal liability of the legal personslegal persons

• Last month (November 2008) Bill of responsibility of legal Last month (November 2008) Bill of responsibility of legal persons for criminal offenses has been adoptedpersons for criminal offenses has been adopted

SMALL JUDICAL STATISTICSMALL JUDICAL STATISTIC:

There is not the official statistic in 2002-2005 period concerning the number of:There is not the official statistic in 2002-2005 period concerning the number of:

- S- Submitted criminal proceeding reportsubmitted criminal proceeding reports

- T- The accusedhe accused

- T- The convinced adults for the criminal offenses against the enviromenthe convinced adults for the criminal offenses against the enviroment

There are the first relevant datas for 2006. yearThere are the first relevant datas for 2006. year

- - The number of submitted criminal proceeding reports for the The number of submitted criminal proceeding reports for the criminal offenses against the enviroment make 1,90% of the all criminal offenses against the enviroment make 1,90% of the all reports submitted for all of the criminal offenses prescribed by the reports submitted for all of the criminal offenses prescribed by the Criminal Code and the particular acts – Criminal Code and the particular acts – 105701105701 for the criminal for the criminal offenses perpetrated by the adults; number of the indicments – offenses perpetrated by the adults; number of the indicments – 14301430 for these criminal offenses make 2,58% of all accused - for these criminal offenses make 2,58% of all accused - 5536955369 for all for all criminal offenses perpetrated by the adults criminal offenses perpetrated by the adults

The convinced for the criminal offenses against the enviroment – 1009 make The convinced for the criminal offenses against the enviroment – 1009 make 2,44% of all convinced in the Republic of Serbia – 41422 during 2006. year2,44% of all convinced in the Republic of Serbia – 41422 during 2006. year

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• From these group of criminal offensesFrom these group of criminal offenses::

- F- Forest theft: the biggest number of orest theft: the biggest number of perpetrations, indicments and perpetrations, indicments and

convictionsconvictions

- - Devastation of the forest: the second Devastation of the forest: the second place in the number of reports and the place in the number of reports and the convictsconvicts

- - Poaching Poaching gamegame: the third place in the : the third place in the numbernumber of the reports and the convictedof the reports and the convicted

- - Poaching Poaching fishfish: the last one worth to be : the last one worth to be mentioned - 32 convicted personsmentioned - 32 convicted persons

SMALL JUDICAL STATISTICSMALL JUDICAL STATISTIC::

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• During 2006. - all other criminal offenses (14) - less then the criminal During 2006. - all other criminal offenses (14) - less then the criminal offense with the least perpetrations of the 4 criminal offenses offense with the least perpetrations of the 4 criminal offenses previosuly mentioned – poaching fish, in the number of the accused previosuly mentioned – poaching fish, in the number of the accused and the convictions – 19and the convictions – 19

• The structure of the convicted during 2006. for all of the criminal The structure of the convicted during 2006. for all of the criminal offenses from these group:offenses from these group:

- - forest theft – 80,57% of all convictedforest theft – 80,57% of all convicted- - devastation of the forest – 7,33%devastation of the forest – 7,33%- - poaching game – 7,04%poaching game – 7,04%- - poaching fish – 3,17%poaching fish – 3,17%- - all other criminal offenses (19) – 1,89%all other criminal offenses (19) – 1,89%

• The structure of the criminal sanctiones imposed for these criminal The structure of the criminal sanctiones imposed for these criminal offenses:offenses:

- - suspended sentece – 52,63% of all imposed criminal suspended sentece – 52,63% of all imposed criminal sanctionessanctiones

- - fine – 31,02%fine – 31,02%- - imprisonment – 13,18%imprisonment – 13,18%- - admonition 2,08%admonition 2,08%- - conviction without punishment – 1,09%conviction without punishment – 1,09%

SMALL JUDICAL STATISTICSMALL JUDICAL STATISTIC::

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• For 2007. year there are inspection For 2007. year there are inspection datas concerning the number of datas concerning the number of the submitted criminal proceeding the submitted criminal proceeding reports for some criminal offensesreports for some criminal offenses

SMALL JUDICAL STATISTICSMALL JUDICAL STATISTIC::

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A juvenile is a person who, at the time the criminal offense is comitted, is more A juvenile is a person who, at the time the criminal offense is comitted, is more then 14 years and less then 18 years oldthen 14 years and less then 18 years old

The juveniles: the younger ones and the older onesThe juveniles: the younger ones and the older ones

No criminal sanctions can be applied to the children – persons who, at the time the No criminal sanctions can be applied to the children – persons who, at the time the illicite act, which is prescribed by the Law as a criminal offense is comitted, are illicite act, which is prescribed by the Law as a criminal offense is comitted, are less then 14 years oldless then 14 years old

A younger adult – a person who, at the time the criminal offense is comitted is less A younger adult – a person who, at the time the criminal offense is comitted is less then 21 years old, and meets other conditions, prescribed by the Law on the then 21 years old, and meets other conditions, prescribed by the Law on the juveniles, allowing corective measures to be imposed, as in case of the juvenilesjuveniles, allowing corective measures to be imposed, as in case of the juveniles

ABOUT THE JUVENILESABOUT THE JUVENILESIN SHORTIN SHORT::

All this data are for adults.All this data are for adults.WhatWhat’s the metter with juveniles?’s the metter with juveniles?

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• Official statistics for 2006. show that the criminal offenses against the Official statistics for 2006. show that the criminal offenses against the enviroment are not among thows mostly comitted by the juveniles. enviroment are not among thows mostly comitted by the juveniles. There are 6 the most present criminal offensesThere are 6 the most present criminal offenses

• On the bases of the datas we posses we can claim that no one On the bases of the datas we posses we can claim that no one juvenile, who comitted mentioned criminal offenses, was imposed by juvenile, who comitted mentioned criminal offenses, was imposed by the criminal sanctions such are juvenil imprisonment, the corective the criminal sanctions such are juvenil imprisonment, the corective measures sending to the Institut for correction , but only measures of measures sending to the Institut for correction , but only measures of guiding and warningguiding and warning

OFFICIAL STATISTIC FOR OFFICIAL STATISTIC FOR JUVENILESJUVENILES::

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As for these criminal offenses and the number of perpetration, we can As for these criminal offenses and the number of perpetration, we can notice some problemsnotice some problems::

-- Basicaly the officials do not recognise the importance of the Basicaly the officials do not recognise the importance of the search – by getting fast to the spot immediately, directly search – by getting fast to the spot immediately, directly percepting percepting

the facts, engaging the inspection and issuing order the facts, engaging the inspection and issuing order for for expertise, it is possible to determine the cause of the expertise, it is possible to determine the cause of the enviroment enviroment damage, what is important fot the whole legal damage, what is important fot the whole legal procedureprocedure

-- Existing undefined conceptiones, still not cleared by the Criminal Existing undefined conceptiones, still not cleared by the Criminal department of the Supreme Court of Serbia, such as: in higher department of the Supreme Court of Serbia, such as: in higher measure, on the wider range, big proportion, longer time and big measure, on the wider range, big proportion, longer time and big expenses needed to remove the damageexpenses needed to remove the damage

-- The judges in their decisiones do not still recognize the essence The judges in their decisiones do not still recognize the essence of the criminal protection of the forestof the criminal protection of the forest

-- The judges as well as the other officials have no clear picture of The judges as well as the other officials have no clear picture of the importance of the enviroment, nature protection, biodiversity the importance of the enviroment, nature protection, biodiversity and protection of the rare plants and animals, according to the and protection of the rare plants and animals, according to the domestic law as well as according to the international lawdomestic law as well as according to the international law

OBSTACLES OBSTACLES IN COURT PRACTICEIN COURT PRACTICE::

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We have noticed some obstacles in the practice of the District CourtsWe have noticed some obstacles in the practice of the District Courts

TThe judges and the prosecutores for the juveniles do not he judges and the prosecutores for the juveniles do not recognize the importace of these criminal offenses and specially recognize the importace of these criminal offenses and specially of theof the ones related with the protection of the forestsones related with the protection of the forests

The judges and the prosecutors have no clear picture of The judges and the prosecutors have no clear picture of t the he importance of the enviroment, nature protection, biodiversity and importance of the enviroment, nature protection, biodiversity and protection of the rare plants and animalsprotection of the rare plants and animals

We can see minimizing the importance of these criminal We can see minimizing the importance of these criminal offensesoffenses

The juveniles are not imposed the corective measures The juveniles are not imposed the corective measures – special obligations - doing ecology work without payment– special obligations - doing ecology work without payment

OBSTACLES OBSTACLES IN COURT PRACTICEIN COURT PRACTICE FOR JUVENILES FOR JUVENILES::

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CONCLUSIONCONCLUSION

• Criminal Code by the first time has prescribed the Criminal Code by the first time has prescribed the criminal offenses against the enviroment as a particular criminal offenses against the enviroment as a particular group of the criminal offensesgroup of the criminal offenses

• So far, dominate role have so called ’’classical criminal So far, dominate role have so called ’’classical criminal offenses’’ , but it is important that there were offenses’’ , but it is important that there were judgements against physical persons for the judgements against physical persons for the ““otherother”” criminal offenses from these group during 2006criminal offenses from these group during 2006

• Law on the juveniles, that came in force on 1.1.2006., Law on the juveniles, that came in force on 1.1.2006., as well as the new Criminal Law prescribes as a new as well as the new Criminal Law prescribes as a new kind of the corective measures – special obligations – kind of the corective measures – special obligations – doing ecology work without payment, and it can be doing ecology work without payment, and it can be helpfull for the juveniles to gain better understanding helpfull for the juveniles to gain better understanding of the importance of the enviroment protectionof the importance of the enviroment protection

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PROPOSALSPROPOSALS

• Permanent education of the officals (police Permanent education of the officals (police investigatores, investigatores, prosecutors and judges) is in the best interest of our country, prosecutors and judges) is in the best interest of our country, as well as meetings with labour inspection in order to improve as well as meetings with labour inspection in order to improve the understanding of the the enviroment protection problemsthe understanding of the the enviroment protection problems

• This goal can be achieved through theory and practical trainingThis goal can be achieved through theory and practical training

• It is also needed to provide training for judges in the other It is also needed to provide training for judges in the other fields of the penal protections (economic violations and petty fields of the penal protections (economic violations and petty offenses) as well as in the field of civil legal protectionoffenses) as well as in the field of civil legal protection

• I suggest that all of the officials dealing with the juveniles I suggest that all of the officials dealing with the juveniles should be permanently trained regarding the crimnal offeses should be permanently trained regarding the crimnal offeses against the enviromentagainst the enviroment

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Dragan ObradoviDragan Obradovićć,,PRESIDENTPRESIDENT

DISTRICT COURT VALJEVODISTRICT COURT VALJEVO

mail: okinfmail: okinf@nadlanu.com@nadlanu.com

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