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24,289 result(s) for "ENVIRONMENTAL CRIMES"
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On the possibility of improving the effectiveness of the investigation of environmental crimes
In this article an analysis of the provisions of modern criminalistic doctrine on the issues of methodology of investigation of environmental crimes is given. Opinions and approaches of domestic specialists in the field of sciences of criminalistic cycle are studied, the range of significant applied problems on the stated subject is outlined, and a set of measures for their resolution is developed, taking into account the specifics of law enforcement practice over the past few years. The main purpose of the research is a complex and comprehensive study of the provisions of domestic and foreign legal doctrine on the issues of improving the methods of investigation of environmental crimes at the present stage. The author of the paper used a very wide range of methods of scientific research, which allowed to formulate reasonable conclusions. Theoretical significance of the research results consists in the possibility of their use in the course of further scientific developments on the subject stated. Key words: ecology, environmental crimes, environment, crime, investigation of environmental crimes.
Research on the Environmental Philosophy of China’s Environmental Crime Legislation from the Perspective of Ecological Civilization Construction
Modern environmental philosophy is a new type of philosophy for humans re-examining the relationship between man and nature and provides the value guidance for modern environmental law. China’s environmental crime legislation has gone through the exploration period, establishment period, and optimization period. The environmental philosophy behind this is worth discussing and determines the direction China will take environmental crime in the future and whether China’s environmental strategy can really be implemented. At present, the disputes about the environmental philosophy of environmental crime in China are mainly reflected in the contention between anthropocentrism, ecocentrism, and eco-anthropocentrism. There are radical risks of pure human centrism or pure ecological centrism, and these two theories struggle to serve as a value basis for environmental crime legislation. Although eco-anthropocentrism seems to be comprehensive, it is actually ambiguous, and it is still difficult to deal with the conflict between people and nature. In recent years, China has continuously emphasized the construction of ecological civilization construction and written this into the constitution. Therefore, in the environmental philosophy issues of environmental crimes in China, we should consider absorbing the advantages of anthropocentrism, ecocentrism, and eco-anthropocentrism, while taking the original Chinese ecological civilization philosophy as the value foundation.
Designed to break: planned obsolescence as corporate environmental crime
Planned obsolescence is the practice of deliberately designing products to limit their life span to encourage replacement. It is a common business strategy for consumer goods, with far-reaching ecological and social consequences. Here, we examine the definition, causes and consequences of planned obsolescence by using insights from corporate crime literature, integrated with environmental philosophy, management sciences, technology studies and law. Focusing on cases of planned obsolescence in consumer electronics, we show that the concept and procedure carries conceptual ambiguity and moral ambivalence, bearing diffuse harms, benefitting short-term corporate profit but undermining consumer confidence, and posing a major barrier to environmental sustainability. We discuss the system lock-ins driving companies to engage in planned obsolescence, and reframe the practice as a form of corporate environmental crime.
The current status of environmental forensic science in the member institutes of the European Network of Forensic Science Institutes (ENFSI)
The paper presents the results of a questionnaire survey carried out by The Forensic laboratory of the National Bureau of Investigation (NBI-FL), aiming to get an overview of the current status of environmental forensic science (EFS) and environmental crimes investigation in the European Network of Forensic Science Institutes (ENFSI). A questionnaire was sent out to 71 ENFSI member institutes and the response rate was 44%. The results of the survey indicate that the issue of environmental crime is taken seriously in most participating countries, but a need for improvement in the approach to the issue was identified. Countries define environmental crime differently and have different law structures regarding what kind of actions are considered environmental crimes. The most frequently mentioned actions were waste dumping, pollution, inappropriate handling of chemicals and hazardous waste, oil spills, illicit excavation and wildlife crime and trading.The different roles of the authorities involved in the investigative process seem to be somewhat unclear in several countries. Most institutes participated on some level in the forensic processes related to environmental crime cases. The most common tasks performed in forensic institutes were the analysis of environmental samples and interpretation of the results. Only three institutes had case coordination services related to EFS. Participation in sample collection was rare but a clear developmental need was identified. A majority of the respondents acknowledged a need for increased scientific collaboration and education in the field of EFS. ●The definitions of criminalized actions that affect the environment vary.●Environmental forensic science (EFS) is a small discipline.●The roles of the institutes vary but are often limited.●Only some institutes have designated EFS personnel.●Interest for improving expertise and collaboration in EFS was clearly observed.
Deferred Prosecution Agreement: the Economic Approach and Legal Expediency in the Settlement of Environmental Crimes
The environmental justice has emerged as a central issue for the international community in the era of environmentally sound economic development. In connection with the aim to answer the problems of environmental pollution and irresponsible environmental management actions faced by many countries, DPA offers a strategic solution to solve the environmental management problems carried out by corporations radically in order to prevent the potential for sustainable damage. In its development, the concept of Deferred Prosecution Agreement (DPA) has been mobilized by many countries as a component in the law enforcement system because it is considered capable of offering a win win solution. On the one hand, the corporation benefits because it is not always obliged to carry out punishment, while on the other hand the state is also not disadvantaged because DPA can minimize the amount of costs incurred to carry out criminal prosecution and prevent structural impacts in the community due to punishment of corporations. This research is conducted with a doctrinal approach. This research is expected to describe, analyze, and answer the problem of whether DPA as a means of crime control that relies on the principles of efficiency, maximization, and balance can be integrated as part of the criminal policy order in order to meet the objectives of criminal law reform with an economic approach and legal benefits and oriented to the value and purpose of punishment.
The Deforestation of The Conservation Forest Areas As a Crime Against The Environment: The Green Criminology Perspective
The purpose of this study is to analyze the phenomenon, identification of perpetrator subjects, consequences, and juridical actions of the deforestation of conservation forest areas as an environmental crime in Indonesia from the perspective of green criminology. The research conclusions: 1) the main phenomenon of deforestation in Indonesia is due to food estate projects, conversion, and forest degradation; 2) Based on the perspective of green criminology, deforestation of conservation forest areas can be categorized as an environmental crime with the perpetrators being natuur recht person, privaat recht person or corporation, and the government as the authority; and 3) The consequences and legal actions against perpetrators of deforestation of conservation forest areas include administrative sanctions, out-of-court dispute resolution, and through the courts. Research recommendations: 1) The government must conduct more intensive supervision and stricter law enforcement against perpetrators of deforestation of conservation forest areas; 2) The government must be selective in granting licenses for the management and exploitation of forest areas; and 3) There needs to be more comprehensive regulatory and policy support for forest conversion to preserve the environment and anticipate the risk of ecological disasters.
Economic hubs are a haven for environmental crime in South Africa
Environmental crime is becoming a significant developmental and regulatory challenge, especially in developing regions. The increasing prevalence of wildlife theft, land and atmospheric pollution, and illegal mining, among others, has severe impacts on the economic and the sustainability of social and environmental ecosystems. Against this backdrop, this study aimed to analyse the spatial and temporal dynamics of environmental crime in South Africa to inform preventative and remedial actions. We collected time-series data from the Department of Forestry, Fisheries, and the Environment (DFFE) on the occurrence of environmental crime, classified into brown, green, and blue types, from 2017 to 2019. Our results show increasing trends in the occurrence of brown crimes, and a stable occurrence of green and blue crimes. Furthermore, the occurrence of environmental crimes is concentrated in the economic hubs of the country, such as the Gauteng and Western Cape provinces. It is envisaged that these results will aid the enhancement of environmental crime monitoring and law enforcement in the country.
Environmental Restoration as a Principal Punishment in Indonesia Environmental Crimes: Restorative Justice in Formulation
The environmental crime need to punish with restorative justice because eniveronment as a victim need more prior. The aim of this paper is to find out the legal framework of Indonesia environmental crime, and then investigate the weaknesses of criminal sanction regulation from the perspective of restorative justice. The research in this paper uses doctrinal research methods, which in Indonesia are often referred to as normative research methods. Making environmental restoration sanctions the principal punishment for environmental crimes is an important step in realising restorative justice, which is oriented towards the recovery of losses and environmental sustainability. It requires judges to order offenders to restore the environment, and environmental restoration sanctions in environmental crime cases are a dominant breakthrough in restorative justice. The form of this sanction can be direct compensation by paying the party with authority over the environment to restore it, or the offender can participate directly, in the restoration of the environment. This is the form of restorative justice in legal formulation other than as dispute resolution. The judicial process is speeded up and there is no need for a civil court to become a “calculator” of the losses which is caused by the environmental crime committed by the offender.
OPPORTUNITIES FOR ENVIRONMENTAL CRIME: A Test of Situational Crime Prevention Theory
Recently, Situational Crime Prevention Theory (SCPT) has been proposed as an alternative to offender-based theories of white-collar crime. This paper uses the results of a cross-case analysis of 23 criminal investigations of environmental crime in the Netherlands to explore the fruitfulness of SCPT as a method of scientific study of environmental crime and the development of prevention strategies. This analysis shows that most environmental crimes are crimes of omission, while SCPT is designed for predatory crimes of commission. In addition, while it is concluded that SCPT is helpful in analysing opportunities for environmental crime, it is difficult to draw innovative prevention strategies on the basis of SCPT, since most suggestions have already been covered in contemporary models for environmental regulation.
INTRODUCING CONSERVATION CRIMINOLOGY: Towards Interdisciplinary Scholarship on Environmental Crimes and Risks
Environmental crimes, noncompliance and risks create significant harm to the health of humans and the natural world. Yet, the field of criminology has historically shown relatively little interest in the topic. The emergence of environmental or green criminology over the past decade marks a shift in this trend, but attempts to define a unique area of study have been extensively criticized. In the following paper, we offer a conceptual framework, called conservation criminology, designed to advance current discussions of green crime via the integration of criminology with natural resource disciplines and risk and decision sciences. Implications of the framework for criminological and general research on environmental crime and risks are discussed.