Unlawful prosecution in the case regarding the destruction of a forest eco-system
The overall complexity of the subject matter and the required high level of expertise make environmental crime investigations quite a challenging task for law enforcement. The clandestine nature of environmental offences combined with the environmental law’s intricacy is among the reasons behind pro...
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| Format: | Article |
| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2022-08-01
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| Series: | Revista Brasileira de Direito Processual Penal |
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| Online Access: | https://revista.ibraspp.com.br/RBDPP/article/view/711 |
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| author | Denis Solodov Elżbieta Zębek |
| author_facet | Denis Solodov Elżbieta Zębek |
| author_sort | Denis Solodov |
| collection | DOAJ |
| description | The overall complexity of the subject matter and the required high level of expertise make environmental crime investigations quite a challenging task for law enforcement. The clandestine nature of environmental offences combined with the environmental law’s intricacy is among the reasons behind prosecutorial failures. The authors analyze a criminal case regarding illegal deforestation, which eventually ended up in an acquittal. By retracing the steps that led to wrongful prosecution and accusations in this criminal case, the authors reflect on some legal and practical challenges concerning environmental crime investigations in Europe and in Poland, including the problem of timely detection of environmental infringements, the use of proper evidence-gathering procedures, as well as the issues related to the methodology of environmental damage assessment. In this regard, the authors analyze the provisions of the Environmental Compliance Assurance Guidance “Combating environmental crimes and related infringements” adopted by the EU Commission in 2021. |
| format | Article |
| id | doaj-art-e25960f716e3438db476cae7eafd4103 |
| institution | DOAJ |
| issn | 2525-510X |
| language | English |
| publishDate | 2022-08-01 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| record_format | Article |
| series | Revista Brasileira de Direito Processual Penal |
| spelling | doaj-art-e25960f716e3438db476cae7eafd41032025-08-20T03:19:07ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2022-08-018210.22197/rbdpp.v8i2.7111068Unlawful prosecution in the case regarding the destruction of a forest eco-systemDenis Solodov0https://orcid.org/0000-0003-2884-9420Elżbieta Zębek1https://orcid.org/0000-0002-8637-8391University of Warmia and Mazury in Olsztyn, Olsztyn, PolandUniversity of Warmia and Mazury in Olsztyn, Olsztyn, PolandThe overall complexity of the subject matter and the required high level of expertise make environmental crime investigations quite a challenging task for law enforcement. The clandestine nature of environmental offences combined with the environmental law’s intricacy is among the reasons behind prosecutorial failures. The authors analyze a criminal case regarding illegal deforestation, which eventually ended up in an acquittal. By retracing the steps that led to wrongful prosecution and accusations in this criminal case, the authors reflect on some legal and practical challenges concerning environmental crime investigations in Europe and in Poland, including the problem of timely detection of environmental infringements, the use of proper evidence-gathering procedures, as well as the issues related to the methodology of environmental damage assessment. In this regard, the authors analyze the provisions of the Environmental Compliance Assurance Guidance “Combating environmental crimes and related infringements” adopted by the EU Commission in 2021.https://revista.ibraspp.com.br/RBDPP/article/view/711environmental crimesillegal deforestationenvironmental damageunlawful prosecutioncrime scene examinationevidence-gathering procedures |
| spellingShingle | Denis Solodov Elżbieta Zębek Unlawful prosecution in the case regarding the destruction of a forest eco-system Revista Brasileira de Direito Processual Penal environmental crimes illegal deforestation environmental damage unlawful prosecution crime scene examination evidence-gathering procedures |
| title | Unlawful prosecution in the case regarding the destruction of a forest eco-system |
| title_full | Unlawful prosecution in the case regarding the destruction of a forest eco-system |
| title_fullStr | Unlawful prosecution in the case regarding the destruction of a forest eco-system |
| title_full_unstemmed | Unlawful prosecution in the case regarding the destruction of a forest eco-system |
| title_short | Unlawful prosecution in the case regarding the destruction of a forest eco-system |
| title_sort | unlawful prosecution in the case regarding the destruction of a forest eco system |
| topic | environmental crimes illegal deforestation environmental damage unlawful prosecution crime scene examination evidence-gathering procedures |
| url | https://revista.ibraspp.com.br/RBDPP/article/view/711 |
| work_keys_str_mv | AT denissolodov unlawfulprosecutioninthecaseregardingthedestructionofaforestecosystem AT elzbietazebek unlawfulprosecutioninthecaseregardingthedestructionofaforestecosystem |