| | Study on Criminal Penalties in a Few Candidate Countries’ |
| | 8,71 | | MB | Environmental Law |
| | 743 | | stron |
| | 1283 | | ID | Milieu Ltd |
| | 2003 | | rok |
| | Volume I: Consolidated Report |
| | Table of contents |
| | EXECUTIVE SUMMARY |
| | 1. INTRODUCTION AND METHODOLOGY USED ..17 |
| | 2. OVERVIEW OF CRIMINAL LEGISLATION IN THE ENVIRONMENTAL SPHERE21 |
| | 2.1 CZECH REPUBLIC. 21 |
| | 2.1. 1 Introduction ..21 |
| | 2. 1.2 Criminal responsibility of natural persons.26 |
| | 2.1.2.1 Classification of criminal offences 26 |
| | 2.1.2.2 Criminal penalties in environmental law ..28 |
| | 2.1.3 Criminal responsibility of legal persons.34 |
| | 2.2 HUNGARY.. 35 |
| | 2.2.1 Introduction ..35 |
| | 2.2.2 Criminal responsibility of natural persons.37 |
| | 2.2.2.1 Classification of criminal offences ..37 |
| | 2.2.2.2 Criminal penalties in environmental law 38 |
| | 2.2.3 Criminal responsibility of legal persons .42 |
| | 2.3 LITHUANIA 43 |
| | 2.3.1 Introduction ..43 |
| | 2.3.2 Criminal responsibility of natural persons.45 |
| | 2.3.2.1 Classification of criminal offences 45 |
| | 2.3.2.2 Criminal penalties in environmental law 48 |
| | 2.3.3 Criminal responsibility of legal persons .52 |
| | 2.4 POLAND 53 |
| | 2.4.1 Introduction ..53 |
| | 2.4.2 Criminal responsibility of natural persons.58 |
| | 2.4.2.1 Classification of criminal offences 58 |
| | 2.4.2.2 Criminal penalties in environmental law 61 |
| | 2.4.2.3 Alternative ways of settlement.66 |
| | 2.4.3 Criminal responsibility of legal persons .66 |
| | 2.5 SLOVAKIA.. 69 |
| | 2.5.1 Introduction ..69 |
| | 2.5.2 Criminal responsibility of natural persons.78 |
| | 2.5.2.1 Classification of criminal offences 78 |
| | 2.5.2.2 Criminal penalties in environmental law 81 |
| | 2.5.3 Criminal responsibility of legal persons .87 |
| | 3. CRIMINAL PROVISIONS AND PENALTIES FOR SELECTED EU DIRECTIVES89 |
| | 4. NATIONAL CRIMINAL JURISPRUDENCE IN THE ENVIRONMENTAL SPHERE 107 |
| | 4.1 CZECH REPUBLIC.. 107 |
| | 4.1.1 Competent court for hearing criminal procedures ..107 |
| | 4.1.2 Procedure for bringing a criminal case .109 |
| | 4.1.3 Duration and costs of the procedures.111 |
| | 4.1.4 Some statistics on proceedings .112 |
| | 4.1.5 Most relevant cases and punishments imposed 115 |
| | 4.1.6 Conclusions and recommendations 117 |
| | 4.2 HUNGARY 119 |
| | 4.2.1 Competent court for hearing criminal procedures ..119 |
| | 4.2.2 Procedure for bringing a criminal case .120 |
| | 4.2.3 Duration and costs of the procedures.121 |
| | 4.2.4 Some statistics on proceedings .121 |
| | 4.2.5 Most relevant cases and punishments imposed 123 |
| | 4.2.6 Conclusions and recommendations 125 |
| | 4.3 LITHUANIA. 127 |
| | 4.3.1 Competent court for hearing criminal procedures ..127 |
| | 4.3.2 Procedure for bringing a criminal case .130 |
| | 4.3.3 Duration and costs of the procedures.131 |
| | 4.3.4 Some statistics on proceedings .132 |
| | 4.3.5 Most relevant cases and punishments imposed 134 |
| | 4.3.6 Conclusions and recommendations 135 |
| | 4.4 POLAND. 136 |
| | 4.4.1 Competent court for hearing criminal procedures ..136 |
| | 4.4.2 Procedure for bringing a criminal case, duration & costs of the procedure137 |
| | 4.4.3 Some statistics on proceedings .147 |
| | 4.4.4 Most relevant cases and punishments imposed 151 |
| | 4.4.5 Conclusions and recommendations 152 |
| | 4.5 SLOVAKIA 154 |
| | 4.5.1 Competent court for hearing criminal procedures ..154 |
| | 4.5.2 Procedure for bringing a criminal case .155 |
| | 4.5.3 Duration and costs of the procedures.158 |
| | 4.5.4 Some statistics on proceedings .158 |
| | 4.5.5 Most relevant cases and punishments imposed 161 |
| | 4.5.6 Conclusions and recommendations 164 |
| | 5. CONCLUSIONS AND RECOMMENDATIONS..167 |
| | ANNEX I: COMPLETE TEXTS OF CRIMINAL PROVISIONS ON ENVIRONMENT |
| | ANNEX II: BIBLIOGRAPHY |
| | ANNEX III: RESEACRH GUIDELINES |
| | Volume II: Tables of Concordance per country |
| | Table of contents |
| | 1. Czech Republic |
| | 2. Hungary |
| | 3. Lithuania |
| | 4. Poland |
| | 5. Slovakia |
| | * Order of the Tables of Concordance for each country: |
| | Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils |
| | Council Directive 75/442/EEC of 15 July 1975 on waste |
| | Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous |
| | substances discharged into the aquatic environment of the Community |
| | Council Directive 79/409/EEC of 2 April 1979 on the conservation on wild birds |
| | Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for |
| | cadmium discharges |
| | Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain |
| | pollutants into the air from large combustion plants |
| | Council Directive 91/689/EEC of 12 December 1991 on hazardous waste |
| | Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild |
| | fauna and flora |
| | Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards |
| | involving dangerous substances |
| | Council Directive 99/13/EC of 11 March 1999 on the limitation of emissions of volatile organic |
| | compounds due to the use of organic solvents in certain activities and installations |
| | Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on |
| | substances that deplete the ozone layer |