DILEMMAS ABOUT THE PROTECTION OF THE ENVIRONMENT
THROUGH CRIMINAL LAW
Environmental protection has serious traditions in the Hungarian material criminal
law. There is
no production without impairing the environment, in the fi eld of natural processes
this is at
present only an opportunity, therefore, the claim of penalty due to an environmental
diffi cult to reason.
Criminal law can work effectively only, when serious material resources are ensured
protection systems and instruments of other law branches (e.g. civil law, administrative
Penalty of offenders is no solution for environmental damages; the reparative approach
integrum restitutio) has to be considered to have priority by applying law consequences.
The criminal law protection of the environment may be increased by the state complying
with the environmental protection norms. Environmental measures have to be interpreted
virtual law material, due to the phenomenon of execution defi cit.
Keywords: Criminal law, environmental crimes, legal person, directive, latency of