ODGOVORNOST PRAVNIH OSOBA ZA KAZNENA DJELA PROTIV ŽIVOTNE SREDINE Iskustva Republike Hrvatsk
LIABILITY OF LEGAL PERSONS FOR CRIMINAL OFFENSES AGAINST THE ENVIRONMENT The Experience Of The Republic Of Croatia

Summary/Abstract: For the past twenty years, the Republic of Croatia has recognized the liability of legal persons for every criminal offense in the Criminal Code, including criminal offenses against the environment. Conscious of the dangers posed by organized environmental crime, the legislature has expressly regulated the punishability of legal persons, prosecution for participation in criminal organizations, and the protection of the environment through specific criminal offenses. The environment is, however, protected primarily by non-criminal mechanisms found in other branches of law, so a combined model of administrative, misdemeanor, and criminal sanctions has been adopted. Statistical data show that the number of legal persons convicted of environmental crime in the Republic of Croatia is negligible. The aim of this paper was therefore to examine the practical application of statutory rules of corporate liability for environmental crime by presenting statistical data and analyzing individual cases. The aim of the research is to determine whether a gap exists between normative solutions and their application in practice, and to identify the problems that arise when reporting, indicting, and convicting legal persons as perpetrators of criminal offenses against the environment.

• Details
• Contents