| Tittel: | Straff och andra påföljder för miljöbrott i Finland | | Ansvar: | Heidi Numella | | Forfatter: | Numella, Heidi  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Nordisk tidsskrift for kriminalvidenskab | | Utgitt: | København : De nordiske kriminalistforeninger, 2013 | | Omfang: | S. 213-227 | | Serie: | Nordisk tidsskrift for kriminalvidenskab ; 2/2013 | | Innhold: | Acting in defiance of certain sections of an environmental law, where there is damage or the risk of damage to the environment or to health, is behavior crimi-nalized in the Penal Code of Finland. All offences which carry prison sentences are covered by the Penal Code. The most serious offences against the environ-ment are included in chapters 48 and 48a of the Penal Code. In respect of these offences penal scales vary from a fine to a maximum of six years’ imprisonment, depending on the seriousness of the criminal act in question. Environmental laws have also penalty sanctions for minor violations. These sanctions may follow me-rely from the simple act of breaking the law without any reference to consequen-ces. Corporate criminal liability allows for fines to be imposed on companies. It must be proven that the criminal action has been committed in the course of the company’s operations. Who has actually committed the crime does not necessari-ly need to be identified or proven. A corporate fine is usually imposed in addition to the punishment of the individual offender or offenders. The level of the corpo-rate fine can be anything from 850 to 850.000 euro. The Penal Code chapter 10 requires that all proceeds of the crime shall be ordered forfeit to the state. This applies to all the crimes committed. If this were not the case – especially in environmental crimes – it might well be worthwhile taking the occasional punishments every now and then because the penalties in the area are actually quite small, usually fines. The Criminal Code, Chapter 10, also requires that instruments of a crime shall be ordered forfeit to the state. If an item or piece of property cannot be forfeited, a forfeiture of equal value may be imposed on the offender. | | Del av verk: | Nordisk tidsskrift for kriminalvidenskab 2/2013 |
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