| Abstract [eng] |
The environment is the external elements with which an individual interacts. A safe and clean environment is the key to the safety and well-being of society. Article 53 of the Constitution of the State of Lithuania stipulates that the State and every person shall protect the environment from harmful effects, and Article 54 stipulates that the State shall take care to protect the natural environment, fauna and flora, individual natural objects and areas of particular value, and shall see to it that natural resources are used in moderation and that they are restored and enriched. In the event of environmental pollution or other breaches of environmental law, administrative or criminal liability is imposed, and nature is compensated for any damage caused. Environmental protection is already evident in the constitutional law of the Grand Duchy of Lithuania. Currently, the Criminal Code of the Republic of Lithuania establishes criminal offences against the environment and human health in Chapter XXXVIII. The list of criminal offences consists of 10 articles. Unfortunately, these offences are characterised by a high degree of latency. Even for 4 environmental offences, no pre-trial investigation has been opened in the period 2004 – 2024, and the number of other offences registered is very low, with poor case law on these offences. Until the 2024 amendments to the Criminal Code, the main criterion used to distinguish between administrative and criminal liability was the assessable attribute of significant damage to the environment. However, the disclosure of this evaluative attribute in the case law has been uneven and controversial, so the addition of Article 2771 of the Criminal Code and the disclosure of the criterion of significant damage as a negative significant impact as defined in the Law on Environmental Protection of the Republic of Lithuania, or the amount of the damage assessed in monetary terms exceeding the threshold of 400 MGL, should facilitate the work of the prie-trial investigation authorities, the burden of proof of significant damage to the environment and its components. |
