The environment and instruments for protection through criminal law: Norms and practice of the Republic of North Macedonia

Abstract

In recent years, there has been a significant increase in the interest of the scientific and expert community in the Republic of North Macedonia regarding environmental protection in the broadest sense. Practice has shown that additional education is necessary for judges and prosecutors regarding environmental protection. It is necessary to modify and supplement environmental policy with new priorities, objectives, and courses of action that will address the acute problems of the environment. A major issue in North Macedonia is that in certain areas, the basic strategic documents are not consistent, making it difficult to perform monitoring and relevant evaluation of the achieved goals. Regarding the legislative framework, it must be noted that there is a lack of systematic approach and that a large number of bylaws have not been adopted, leading to the conclusion that the legislative framework is incomplete in many parts. The ongoing reform of substantive criminal law also concerns the issue of enhanced environmental protection, and it proposes the introduction of a new criminal offense: ecocide. It is suggested that ecocide be punishable with a prison sentence of 10 years or a life sentence if someone acts contrary to the regulations, with the intent to harm the environment, or if someone undertakes or fails to undertake an action that results in serious, widespread, or long-term damage to the environment.