Development of the protection of environment through criminal law: comparative analysis of the Directives of the European Parliament and of the Council 2008/99/EC and 2024/1203

Abstract

The aim of the work is comparative analysis of the Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (Directive 2008/99/EC) and Directive (EU) 2024/1203 of the European parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC (Directive 2024/1203).

Results of researches focus on consideration of provisions of the Directive 2008/99/EC and Directive 2024/1203, and also an identification of main trends in development of the protection of the environment through criminal law.

It comes to conclusions that it combines trends of Directive 2008/99/EC and original ideas of environmental protection through the criminal law. As the Directive 2008/99/EC Directive 2024/1203 regulates minimal rules of environmental protection through criminal law. At the same time dissimilar to Directive 2008/99/EC Directive 2024/1203 contains new provisions and approaches to impact on domestic criminal law: 1) increasing of the number of kinds of unlawful conduct; 2) obligation to ensure more severe liability for «qualified criminal offences» included conduct is comparable to «ecocide»; 3) criteria for evaluation of damage as substantial – the baseline condition of the affected environment; whether the damage is long-lasting, medium-term or short-term; the extent of the damage; the reversibility of the damage etc.; 4) freedom of national discretion for liability for acts committed negligently; 5) approval of standards for penalties and criminal or non-criminal penalties or measures for natural persons and legal persons (an obligation to restore the environment within a given period, if the damage is reversible; pay compensation for the damage to the environment; withdrawal of permits and authorisations to pursue activities that resulted in the relevant criminal offence; temporary bans on running for public office; etc).