ПОСЕБНЕ ОКОЛНОСТИ ЗА ОДМЕРАВАЊЕ КАЗНЕ ЗА КРИВИЧНА ДЕЛА ПРОТИВ ЖИВОТНЕ СРЕДИНЕ
Special Circumstances for Sentencing in Criminal Offenses Against the Environment

Summary/Abstract: Criminal offenses against the environment, as a special group of criminal offenses, are prescribed in Chapter XXIV of the Criminal Code of the Republic of Serbia and constitute a specific group of criminal offenses that reflects contemporary challenges in preserving natural resources and human health, because they disturb the ecological balance, endanger human health, and cause lasting consequences for natural resources. Their specificity lies in the fact that the consequences are most often not limited to an individual or the moment of commission, but rather affect the broader community, the public interest, and future generations. Sentencing for these criminal offenses should involve a different approach compared to classic criminal offenses, that is, for this type of criminal offense, when determining the sentence, special consideration should be given to the scope and severity of the actual or potential damage to the environment, the duration and irreparability of the consequences, the degree to which human health was endangered, the motive and benefit obtained by the perpetrator, and especially the conduct of the accused after the commission of the criminal offense (remediation, compensation, cooperation with the competent authorities). The paper examines the normative frameworks of the Republic of Serbia and the European Union, analyses the special circumstances that arise in the sentencing process, and provides an overview of prosecutorial and judicial practice of domestic courts, as well as the standards developed in the judgments of the European Court of Human Rights. Special attention is devoted to the efforts of the Republic of Serbia to harmonize its legislation and practice with European standards in the field of environmental protection. The aim of the paper is to demonstrate the specific features of criminal offenses against the environment, which require a differentiated, stricter, and remedial approach to sentencing, one that should be proportionate, deterrent, and aimed at preventing future violations, all in order to ensure effective environmental protection and achieve the goals of general and special prevention.

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