The sentencing policy for offenses against the environment in the Republic of Albania


1Department of Agro-environment and Ecology, Agriculture University of Tirana, Kodër – Kamëz, Albania

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In addition to incriminating certain behaviors that are directed against the environment, a very important element in ensuring the most effective criminal justice protection is the policy pursued for offenses against the environment as an important part of the criminal policy against environmental criminal offenses. Low penalties and their inadequate and sufficient types can turn into a serious concern in the context of the effective fight against environmental criminality, as their very low level may be in doubt and the very existence of their preventive effect, doing so they actually can go back to one of the main factors affecting the growth of criminality. On the other hand, an approach to an escalated scheme of penalties for criminal offenses against the environment, adapted to varying degrees of risk or damage caused by each offense, can best serve the improvement of the means used by the state to push for a more effective protection of the environment. Currently under the Criminal Code in force, the main types of penalties provided for individuals who commit crimes against the environment include fines as well as jail sentences. Most of the sanctions provided in the Criminal Code consist of a criminal offenses classified as crimes where it is provided only imprisonment as the only alternative to scheduling the main punishment against the offender not foreseeing fine as a possible alternative. In this context we will analyze the current state of the penal policy against criminal offenses based on the criminal legislation in force in the Republic of Albania and its implementation in practice..

Keywords: environmental; criminal offenses; punishment policy.

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