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Misdemeanor - A Basis For (Not) Protecting The Environment

Summary/Abstract: In this paper, an attempt is made to delineate the criminal act from administrative infractions. This delineation is essential to the imposition of sanctions (criminal or misdemeanor) in cases of violations against the natural environment. All exposed elements support the quantitative differences between criminal acts and violations based on different levels, higher or lower, of violations of the legal good, which indisputably are treated as criminal offenses and not as part of administrative infractions and represent the basis for an integrative approach to criminal acts. All this does not exclude the need for the correction of certain disadvantages of their treatment as punishable offenses in the jurisdiction, emphasized by the fact that there are numerous lesser infractions. Thus a revision of the Act on Misdemeanors is more than necessary. In addition to decriminalizing such violations, the court can become disburdened by introducing alternatives to tortuous liability and introduction of procedures in the form of mediation in the Act on Misdemeanors. This would leave such procedures to be dealt with by competent police authorities and administrative authorities before they go to court, only leaving difficult and appealed cases to the judiciary. Likewise, changes in the Act on Misdemeanors should include further measures to simplify and accelerate the legal procedure for infractions and misdemeanors.

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