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The article focuses on the influence of the EU legal instruments on the criminal law of the Czech Republic in the field of environmental protection. The aim of the article is to analyse this influence and individual legal definitions of environmental crimes in the Czech legal system. For this purpose, the descriptive, comparative, analytical and logical methods are used. The author first assesses the state of environmental protection in the Czech Republic, not only by way of criminal law. This is followed by a list of legal definitions of individual criminal offences, and basic features and specific differences are explained for each of them with reference to the specific EU or public international law regulations on the basis of which the offence was introduced into the Czech legal system. The article also presents recent case law of the Supreme Court and the Constitutional Court of the Czech Republic concerning the issue. In the conclusions, the author assesses the level of environmental protection through criminal law and states that the Czech Republic is active in this area and fulfils its obligations resulting from the European regulations governing environmental protection.
Bibliografia
Act No. 140/1961 Coll., Criminal Law.
Act No. 114/1992 Coll., Act of the Czech National Council on Nature and Landscape Protection.
Act No. 449/2001 Coll. on Hunting, as amended.
Act No. 167/2008 Coll. on the Prevention and Remediation of Environmental Damage and on the Amendment of Certain Acts.
Act No. 40/2009 Coll., Criminal Code.
Act No. 330/2011 Coll. amending Act No. 40/2009 Coll., the Criminal Code, as amended, and Act No. 141/1961 Coll., the Criminal Procedure Code, as amended.
Act No. 418/2011 Coll. on Criminal Liability of Legal Persons and Proceedings against Them.
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.
Commission Delegated Regulation (EU) 2019/2090 of 19 June 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council regarding cases of suspected or established non-compliance with Union rules applicable to the use or residues of pharmacologically active substances authorised in veterinary medicinal products or as feed additives or with Union rules applicable to the use or residues of prohibited or unauthorised pharmacologically active substances.
Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973, Washington.
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.
Council Framework Decision 2005/667/JHA of 12 July 2005 on strengthening the criminal law framework to combat ship-source pollution.
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein.
Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements.
Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law.
Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds.
Directive 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law.
Explanatory report to Act No. 40/2009 Coll., Criminal Code.
Kořínek, Š., ‘Posílení ochrany zvířat v reflexi trestného činu “chov zvířat v nevhodných podmínkách”’, Trestněprávní revue, 2022, No. 2.
International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 (MARPOL 73/78).
Púry, F., ‘§ 303 [Zanedbání péče o zvíře z nedbalosti]’, in: Šámal, P., et al., Trestní zákoník. 3rd ed., Prague, 2023.
Regulation No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition.
Resolution of the Constitutional Court of 19 July 2019, Case No. II, ÚS 4149/18.
Resolution of the Constitutional Court of 9 May 2023, Case No. IV, ÚS 2352/22-2.
Resolution of the Supreme Court of 15 June 2011, Case No. 8, Tdo 657/2011.
Resolution of the Supreme Court of 18 March 2020, Case No. 7, Tdo 196/2020.
Resolution of the Supreme Court of 8 March 2023, Case No. 7, Tdo 55/2023.
Utwór dostępny jest na licencji Creative Commons Uznanie autorstwa – Użycie niekomercyjne – Na tych samych warunkach 4.0 Międzynarodowe.
Prawa autorskie (c) 2024 Lazarski University, Warsaw, Poland