NCJ Number
162462
Journal
European Journal of Crime, Criminal Law and Criminal Justice Volume: 3 Issue: 4 Dated: (1995) Pages: 316-368
Date Published
1995
Length
53 pages
Annotation
This paper provides models that explain how environmental pollution should be proven, based on laws in Belgium, the Netherlands, and Germany.
Abstract
The models address the structure and content of environmental laws designed to address the operation of a hazardous installation without a license, concrete endangerment of the environment, serious environmental pollution, and vague statutes. The latter are intended to serve as a safety net when specific norms in legislation are not fully effective. Further, vague norms can give a signal to the legislative body that they must regulate these cases in the future with more specific legislation. For each of the models, the article discusses the features of the model, the values it protects, and the limits of criminal liability. The latter discusses who determines the limits of criminal liability, the nature of the harmful behavior, the legality principle, guilt criterion, proportionality, and what should be proven. Also considered for each model are method of proof and the role of the various parties. An examination of the implications of the various models shows that no ideal model exists. 85 references