Komparace vybraných aspektů správního a soudního trestání v oblasti ochrany přírody
Comparison of Selected Aspects of Administrative and Judicial Punishments in the Field of Nature Protection
Author(s): Ilona JančářováSubject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: nature protection; administrative punishment; criminal punishment; endangered species of animals and plants; sanctions; criminal liability; administrative liability; nature protection offences
Summary/Abstract: Act No. 114/1992 Coll., on nature protection provides with protection of all species of animals and plants. Endangered or rare plant and animal species are proclaimed specially protected species. The special protection represents stricter rules for their protection, such as prohibition to damage or destroy plant species and prohibition to injure or to kill animal species. This prohibiton is enforced (beside the other regulatory instruments) by the set of administrative and criminal sanctions. The problem is that identical illegal behavior (damaging and/or destroying those species) can be considered as a crime or administrative delict. The aim of this contribution is find out criteria to distinguish administrative or criminal delicts in this field, what sanctions/punishments are available, what is the relation between criminal and administrative punishment and which one seemsto be more effective regarding to specially protected species.
Journal: Acta Universitatis Carolinae Iuridica
- Issue Year: 61/2015
- Issue No: 1
- Page Range: 57-72
- Page Count: 16
- Language: Czech