Invisible harms, elusive justice: Unmasking the evidentiary and legal challenges of environmental crime prosecution

Matić Bošković, Marina (2026) Invisible harms, elusive justice: Unmasking the evidentiary and legal challenges of environmental crime prosecution. In: XV International Scientific Conference Archibald Reiss Days: Investigating and Proving Contemporary Forms of Crime: Scientific Approaches. University of Criminal Investigation and Police Studies, Belgrade, pp. 106-116. ISBN 978-86-7020-539-0

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Abstract

Purpose: The paper explores the multifaceted challenges associated with detecting and proving environmental crime in Serbia, set against the backdrop of evolving European standards and good practices. It aims to identify legal, procedural, and institutional weaknesses that hinder effective enforcement. Despite its growing prevalence and severe ecological and societal impact, environmental crime remains chronically under-investigated and under-prosecuted worldwide and in Serbia. Design/Method/Approach: The paper combines doctrinal legal research with comparative legal methodology. It examines Serbia’s case law, legal instruments, prosecutorial practices, and institutional setup in Serbia and compares these with selected European models. Sources include legal instruments, policy documents, interviews with practitioners, and data from enforcement agencies. Findings: The research reveals persistent weakness in Serbia, including vague definitions of environmental crimes, lack of prosecutorial specialization, poor use of environmental forensics, and limited cross-sector coordination. The low number of indictments and convictions points to an enforcement gap. In contrast, good European practices demonstrate the value of multidisciplinary investigative teams, specialized environmental units with prosecution services, and the use of scientific expertise to establish causality and harm. Originality/Value: The paper offers a focused, context-specific analysis of Serbia’s challenges in prosecuting environmental crime, enriched by comparative insights from the EU. It provides actionable recommendations, including legislative amendments, capacity building for prosecutors and inspectors, and the adoption of mechanisms for joint investigation and expert collaboration.

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