It will therefore be an offense and not a crime. In its final report submitted to the government last June, thehe Citizen’s Climate Convention had proposed the creation of the crime of ecocide. Five months later, the Minister of Ecological Transition Barbara Pompili and the Minister of Justice Eric Dupond-Moretti announced, in a meeting with the Sunday newspaper (for subscribers), the creation of “ecocide offense”.
Exit therefore the notion of crime, because “from the start, the president had indicated that the proposed wording for ecocide could not be retained as is “, says the Minister of Ecological Transition. “EIt was indeed too imprecise, which made it potentially unconstitutional “, she adds.
“I want to end environmental banditry.”Eric Dupond-Moretti, Keeper of the Seals
in the “Sunday newspaper”
The abandonment of the concept of crime is not necessarily bad news, according to lawyer Arnaud Gossement who indicates on Twitter that she “was above all symbolic and quite useless if only enshrined in domestic law”. According to him, “the ‘general offense of pollution’ can be very interesting to simplify and thus make finally more effective the criminal law of the environment “.
Burial of the crime of ecocide (for an unrelated offense), planetary boundaries and specialized national prosecution.
But : @barbarapompili and @E_DupondM announce the very interesting creation of two new environmental crimes #Thread https://t.co/yLP4uhCa0B
– Arnaud Gossement (@ArnaudGossement) November 22, 2020
In detail, two offenses will be implemented: the “general pollution offense” and the “offense of endangering the environment”. For the first, “lhe penalties range from three to ten years imprisonment depending on whether there is an offense of recklessness, a manifestly willful breach of an obligation and the most serious, an intentional offense. The fines range from 375,000 euros to 4.5 million euros “, details Eric Dupond-Moretti. The second “aims to penalize the deliberate endangerment of the environment by deliberate breaches of an obligation “, he explains. The penalty is one year in prison and a fine of 100,000 euros.
“Today, some choose to pollute, because it costs them less than cleaning. It will change (…) I hope that we are extremely dissuasive”, insisted the Keeper of the Seals. “No one will pass through the drops any more, and this is a powerful signal for everyone to respect environmental law “, warned the Minister of Ecological Transition. This announcement was welcomed in particular by Arnaud Schwarz, president of the France Nature Environment association.
– Arnaud Schwartz (@Arnaud_Schwartz) November 22, 2020