The Concept of Environmental Crime

This article is a theoretical and dogmatic study of the environmental crime within the framework of the current Polish legal system. Taking the concept of environmental criminal law as a starting point, the author, based on a formal-dogmatic analysis of the provisions of criminal law, presents an explanation and systematisation of the analysed concept.

The main research problem concerns the sphere of criminal law-making in the strict sense (liability for offences) in the area of the criminal-law protection of the environment, taking into account the administrative accessoriness of criminal law norms. The analysis carried out supports the hypothesis that the concept of an environmental c rime is determined by the direct identification, in the statutory description of the elements of the type of prohibited act, of a violation of, or threat to, the environment as a legal interest.

On the basis of the foregoing considerations, the author further concludes that the generic object of protection in environmental crimes is admittedly the primary criterion distinguishing these crimes from other offences. Nevertheless, in this area, it is justified to introduce a specific typology which, due to the particular features of acts harmful to the environment, makes it possible to distinguish an offence against the environment sensu stricto from a regulatory offence in the field of environmental protection.