Liability of Legal Entities for Environmental Criminal Offences in Serbia. Public Prosecutor's Role in Proving

Batrićević, Ana (2017) Liability of Legal Entities for Environmental Criminal Offences in Serbia. Public Prosecutor's Role in Proving. Journal of Eastern European Criminal Law (2). pp. 105-119. ISSN 2360-4964

Text Batricevic, A. (2017) Liability of Legal Entities for Environmental Criminal Offences in Serbia, Public Prosecutors Role in Proving. Journal of Eastern-European Criminal Law, 4(2), 105-119..pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (1MB)

Abstract

Environmental criminal offences include illegal behaviours against the environment and its integral parts: soil, air, water, flora and fauna. Their consequences are devastating and long-lasting, especially if committed by legal entities, particularly by powerful multinational corporations. This type of crime, referred to as corporate environmental crime or green-collar crime results in criminal liability of corporations. However, its organised and often trans-national character, its link with corruption and other types of crime as well as high costs of expert findings often cause numerous issues and challenges regarding its discovering and proving. Having in mind the important role of the public prosecutor in collecting evidence according to current Criminal Procedure Code of the Republic of Serbia, the author analyses the characteristics of environmental corporate crime and the difficulties related to its discovering and proving. Finally, the author suggests that all subjects involved with criminal proceedings, including the public prosecutor, should be more environmentally conscious and take a more active part in the prosecution of the perpetrators of corporate environmental crime.

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