Zaštita životne sredine u krivičnom pravu Republike Srbije i podsticaji evropskih integracija
Serbian Environmental Protection in Criminal Law and Incentives of European Integration

Author(s): Nataša Tanjević, Ana I. Opačić
Subject(s): Criminal Law, Human Ecology, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: environment; offenses against the environment; environmental crimes; Serbia; European Union
Summary/Abstract: Environmental crime is a serious problem and a growing one, and its supression is a considerable challenge both for developed countries and countries in development. In Serbia, until 2004, environmental law was one among the priority areas of reform. However, the EU accession process has put this legal discipline in the fast track, particularly in the part related to the establishment of a criminal law framework of envirmeont protection. It was hence that the Criminal Code of 2005 includes the first systematisation of numerous criminal offences that primarily protect the environment under a single heading, thus justly instituting environment protection as an independent and primary object of protection. The paper indicates the main characteristics of the group of offences against environment as prescribed by the Criminal Code, investiging both substantive and procedural aspects and certain problems related to discovery, evidence and expertise in such cases identified in court practice. In addition, given the Serbian efforts in EU integration, which includes legislative harmonisation, the authors have indicated the importance of EU activities in environment protection.

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