Punishing environmental crimes: An empirical study from lower courts to the court of appeal

• 成果类型: Article
• 署名作者: Billiet, Carole M.; Blondiau, Thomas; Rousseau, Sandra
• 署名单位: Ghent University; KU Leuven; KU Leuven
• 刊物名称: REGULATION & GOVERNANCE
• ISSN/ISSBN: 1748-5983
• DOI: 10.1111/rego.12044
• 发表日期: 2014
• 页码: 472-496
• 关键词: optimal magnitude; ENFORCEMENT; probability; fines; PROTECTION; LITIGATION; LAW

摘要

We analyze judicial policy lines concerning the punishment of environmental crime using a unique European dataset of individual criminal cases, including case-specific information on offenses and offenders. We investigate policy choices made by lower criminal courts, as well as their follow-up by the relevant court of appeal. The sanctioning policy of the courts has proven to be varied as well as consistent. Judges carefully balance effective and suspended penalties, most often using them cumulatively, but in specific cases opting to use them as substitutes. Overall, both judges in lower and appeal courts balance environmental law and classic criminal law and aim at protecting individuals and their possessions as well as the environment.