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ANGELA C. ANTAKLY H. Benson, Pérez Matos, Antakly & Watts

International Conference of the Inter-American Network of Environmental Law Specialists San Juan, Puerto Rico – June 2 nd , 2011. Environmental Crimes: Criminal Procedures, Penalties, Results and Deterrence. ANGELA C. ANTAKLY H. Benson, Pérez Matos, Antakly & Watts. Caracas, Venezuela

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ANGELA C. ANTAKLY H. Benson, Pérez Matos, Antakly & Watts

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  1. International Conference of the Inter-American Network of Environmental Law Specialists San Juan, Puerto Rico – June 2nd, 2011 Environmental Crimes: Criminal Procedures, Penalties, Results and Deterrence ANGELA C. ANTAKLY H.Benson, Pérez Matos, Antakly & Watts Caracas, Venezuela Página Web: www.bpmaw.com E-Mail: aantakly@bpmaw.com

  2. ENVIRONMENTAL CRIMES LAW(1992) • This Law, supplements the Environment Law and its main purpose is to determine what must be considered environmental offenses and establishes penalties for them. • The Law also creates a system of precautionary measures for restitution and reparation aimed at minimizing environmental damage. Angela Antakly www.bpmaw.com Pag 1

  3. ENVIRONMENTAL CRIMES LAW • MAIN OFFENSES • Damage to soil, vegetation and landscape • Illegal discharges of waste water • Discharges of hydrocarbons into water environments • Engaging in forbidden activities in protected areas • Waste disposal or abandonment in violation of standards • Illegal extraction of non-metallic minerals • Deforestation of hydrographic basins used for water supply Angela Antakly www.bpmaw.com Pag 2

  4. ENVIRONMENTAL CRIMES LAW • PENALTIES • Prison • Confinement • Fines and • Community work Angela Antakly www.bpmaw.com Pag 3

  5. ENVIRONMENTAL CRIMES LAW • ACCESORY PENALTIES • INDIVIDUALS • Temporary disqualification from public office or practice of a profession • Publication of court decision • Obligation to destroy the substances or materials that damage the environment • Ban on contracting with public administration (3yrs.) and • Suspension of permits Angela Antakly www.bpmaw.com Pag 4

  6. ENVIRONMENTAL CRIMES LAW • ACCESORY PENALTIES • BODIES CORPORATE • Ban on pollution-causing activity • Closure of establishment • Publication of court decision • Destruction of substances or materials that damage • Ban on contracting with public administration and • Suspension of permits. Angela Antakly www.bpmaw.com Pag 5

  7. ENVIRONMENTAL CRIMES LAW • STATUTE OF LIMITATIONS • Prison > 3 years = 5 years • Prison < 3 years = 3 years • Confinement < 6 months = 1 year • Civil Actions = 10 years Angela Antakly www.bpmaw.com Pag 6

  8. ENVIRONMENTAL CRIMES LAW • PROCEDURES • Anyone may report a possible environmental crime to the competent authorities • Investigation by competente authorities • Administrative notification to responsable party • Legal procedure through criminal courts Angela Antakly www.bpmaw.com Pag 7

  9. CONCLUSIONS • Until now very few cases have gone to the criminal courts • Most cases are settled at the administrative level • The most common penalties are fines and remediation of the contaminated sites • Recently violations to the environmental laws have been used as an excuse to apply expropriation procedures • Companies do tend to compensate affected communities at their own initiative Angela Antakly www.bpmaw.com Pag 9

  10. ¡THANK YOU! Angela Antakly www.bpmaw.com Pag 10

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