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Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC

article  5

CELEX:  02024L1203-20240430

Penalties for natural persons
1. Member States shall take the necessary measures to ensure that criminal offences referred to in Articles 3 and 4 are punishable by effective, proportionate and dissuasive criminal penalties.
Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC

article  5

CELEX:  02024L1203-20240430

2. Member States shall take the necessary measures to ensure that:
(a) criminal offences covered by Article 3(2), points (a) to (d), and points (f), (j), (k), (l) and (r), are punishable by a maximum term of imprisonment of at least 10 years if they cause the death of any person;
(b) criminal offences covered by Article 3(3) are punishable by a maximum term of imprisonment of at least eight years;
(c) criminal offences covered by Article 3(4), where that paragraph refers to Article 3(2), points (a) to (d), and points (f), (j), (k) and (l), are punishable by a maximum term of imprisonment of at least five years if they cause the death of any person;
(d) criminal offences covered by Article 3(2), points (a) to (l), and points (p), (s) and (t), are punishable by a maximum term of imprisonment of at least five years;
(e) criminal offences covered by Article 3(2), points (m), (n), (o), (q) and (r), are punishable by a maximum term of imprisonment of at least three years.
Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC

article  5

CELEX:  02024L1203-20240430

3. Member States shall take the necessary measures to ensure that natural persons who have committed criminal offences referred to in Articles 3 and 4 may be subject to accessory criminal or non-criminal penalties or measures which may include the following:
(a) an obligation to:
(i) restore the environment within a given period, if the damage is reversible, or (ii) pay compensation for the damage to the environment, if the damage is irreversible or the offender is not in a capacity to carry out such restoration;
(b) fines that are proportionate to the gravity of the conduct and to the individual, financial and other circumstances of the natural person concerned and, where relevant, that are determined taking due account of the gravity and duration of the damage caused to the environment and of the financial benefits generated from the offence;
(c) exclusion from access to public funding, including tender procedures, grants, concessions and licences;
(d) disqualification from holding, within a legal person, a leading position of the same type used for committing the offence;
(e) withdrawal of permits and authorisations to pursue activities that resulted in the relevant criminal offence;
(f) temporary bans on running for public office;
(g) where there is a public interest, following a case-by-case assessment, publication of all or part of the judicial decision that relates to the criminal offence committed and the penalties or measures imposed, which may include the personal data of convicted persons only in duly justified exceptional cases.