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Convention on the Protection of the Environment through Criminal Law

Document type
Multilateral
Field of application
Regional/restricted
Date
Nov 4, 1998
Source
IUCN (ID: TRE-001292)
Title (French)

Convention sur la protection de l’environnement par le droit pénal

Title (Other)

Übereinkommen über den Schutz der Umwelt durch das Strafrecht

Place of adoption
Strasbourg
Depository
COE Council of Europe
Language
English, French
Subject
Environment gen.
Keyword
Law reform/harmonization/deregulation Dispute settlement Data collection/reporting Protected area Hazardous substances Emissions Protection of species Offences/penalties Hunting/capture Radioactive pollution Liability/compensation International relations/cooperation Protection of habitats Jurisdictional competence
Abstract

Objective: To take effective measures to ensure that the perpetrators of environmental violations do not escape prosecution and punishment and to foster international cooperation to this end.

Summary of provisions: Each Party undertakes to establish certain offences as criminal under its domestic law including inter alia the introduction of substances or ionising radiation into air, soil, or water causing, or likely to cause, their lasting deterioration, death or serious injury to any person, or substantial damage to protected other protected objects, animals or plants (art. 2.1 and 3.1). Each Party is to establish jurisdiction over such criminal offences when it is committed in its territory, on board a ship or an aircraft registered in it or by one its nationals under certain conditions (art.5.1). Furthermore, Parties are to make the above mentioned offences punishable by criminal sanctions, including imprisonment, pecuniary sanctions and possibly reinstatement of the environment (art. 6- 8). Article 9 specifies the conditions under which corporate liability may be invoked. Finally, each Party may declare that it will grant any group, foundation or association which according to its statutes aims at the protection of the environment, the right to participate in criminal proceedings concerning offences established in accordance with this Convention (art. 11). Parties agree to afford each other the widest measure of cooperation in investigations and judicial proceeding (art. 12).

(Source: IUCN ELC, 08.2005)

Full text
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Website
www.coe.int

Country/Territory/Participant

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Countries Entry into force Ratification * Simple signature Reservation
Austria - - -
Belgium - - -
Denmark - - -
Estonia - -
Finland - - -
France - - -
Germany - - -
Greece - - -
Iceland - - -
Italy - -
Luxembourg - - -
Romania - - -
Sweden - - -
Ukraine - - -

* [1] Ratification [2] Accession/approbation [3] Acceptance/approval [4] Succession [5] Consent to be bound [6] Definite signature

Other references

Literature
2 records related to this treaty. View literature