Penal Provisions, Enforcement Mechanisms, and Data-Driven Strategies in Poland

Penal Provisions, Enforcement Mechanisms, and Data-Driven Strategies in Poland Presented by: Prof. Dr. WIELEC Date: April 27, 2025 Basic Assumptions Of The Presentation - First, a preliminary analysis and statistical introduction on the problem of environmental crime in Poland. - Secondly, the presentation of modern evidence techniques in cases concerning environmental crime. - Thirdly, discussion of the institutional aspect, i.e. the response of specialized legal protection bodies in the field of environmental protection. Environmental Crime As A Global Phenomeνον It is important: • Detailed and precise familiarization with the structure of environmental crime in individual countries. • Determining the scale of the phenomenon. • What are the common features of the phenomenon. • What are the methods of operation of environmental criminals. • What remedial measures to take to prevent environmental crime. Analysis Of Environmental Crime Data Four important indicators such as: • Detection rate (in percentage). • Rate of detected crimes. • Number of established crimes. • Number of criminal proceedings initiated. Crime Of Improper Waste Handling - Provision 183 of the Polish Criminal Code, according to which: • Whoever, contrary to the regulations, stores, removes, processes, recovers, neutralizes or transports waste or substances in such conditions or in such a way that it may endanger human life or health or cause a significant reduction in the quality of water, air or land surface or destruction in the plant or animal world on a significant scale, shall be punished by imprisonment from 3 months to 5 years. Crime Failure To Comply With The Obligations To Care For Environmental Protection Devices - The provision 186 of the Polish Penal Code, according to which: • Whoever, contrary to the obligation, does not maintain in proper condition or does not use devices protecting water, air or the surface of the earth against pollution or devices protecting against radioactive contamination or ionizing radiation, shall be subject to a fine, restriction of liberty or imprisonment from 3 months to 5 years. Crime Against The Natural Beauty Of The Environment - The Landscape The provision of art. 188 of the Criminal Code, according to which: • Whoever, in an area protected for natural or landscape reasons or in the buffer zone of such an area, contrary to the regulations, erects a new or enlarges an existing building or conducts economic activity that threatens the environment, shall be subject to a fine, restriction of liberty or imprisonment for up to 2 years. Crime Of Environmental Pollution - The provision 182 of the Polish Criminal Code, according to which: • Whoever pollutes water, air or the surface of the earth with a substance or ionizing radiation in such an amount or in such a form that it may endanger human life or health or cause a significant reduction in the quality of water, air or land surface or destruction in the plant or animal world on a significant scale, shall be punished by imprisonment from 6 months to 8 years. Crime Reduction Of The Natural Value Of The Protected Area Or Object - This is provision 187 of the Polish Criminal Code, according to which: • Whoever destroys, seriously damages or significantly reduces the natural value of a legally protected area or object, causing significant damage, shall be subject to a fine, restriction of liberty or imprisonment for up to 2 years. THE QUESTION ARISES - What actions have been taken in the field of counteracting and preventing environmental crime- for instance - in Poland - both in legal, institutional and research terms? ANSWERS - 1.Firstly, the provisions of the Criminal Code have been amended, which have strengthened the penalties for environmental crimes, as evidenced by the decrease in some of the previously discussed environmental crimes. - The amendment assumes, that the court will have to impose a penalty of to PLN 10 million against the offender (approximately: 2 338 000,00 EUR). - 2.Secondly, the Polish Ministry of the Environment undertook extensive social and educational campaigns. - 3. Thirdly, institutional reforms by strengthening services, including the General Inspectorate for Environmental Protection. Case Study In Poland – Examples In Practice Case one: • - In Poland, drones and georamas help in combating the so-called garbage mafias. Case two: • Poland has included the transport of garbage in the monitoring system of electronic transport supervision (SENT). - Case third: • In Poland very often using as a new ways to combat environmental crime -data mining technology.