The significance of accurate damage assessment in criminal offences of illegal waste management
The significance of accurate damage assessment in criminal offences of illegal waste management
Author(s): Radovan Blažek, Margita ProkeinováSubject(s): Law, Constitution, Jurisprudence, Business Economy / Management, Criminal Law, Civil Law, Criminology, Social Norms / Social Control, Administrative Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: criminal offence; unauthorised waste management; damage; sanction; legal entity
Summary/Abstract: The article deals with the substantive aspects of the criminal offence of unauthorised waste management under Article 302 of the Criminal Code in the Slovak Republic. It analyses its basic and aggravated forms, the meaning of fault and the distinction between a minor offence and an offence depending on the seriousness of the act and the amount of damage caused or its scale. The text discusses the concept of damage and scale, explaining their content in terms of ecological and property damage, as well as the definition of the boundaries of small, greater, significant, and large-scale damage. The article also focuses on the legal definitions of waste and waste management and the specifics of individual activities, as well as the possibility of committing this crime by a legal entity under the Act on Criminal Liability of Legal Entities. The article presents particular practical cases and pitfalls in determining the amount of damage on the basis of these cases.
Journal: Prawne Problemy Górnictwa i Ochrony Środowiska
- Issue Year: 2026
- Issue No: 2
- Page Range: 1-24
- Page Count: 24
- Language: English
