CORPORATE CRIMINAL LIABILITY FOR ENVIRONMENTAL HARM

Povzetek

Criminal responsibility on the environment by corporations has emerged as a matter of global concern to make firms liable to the environment. This paper discusses the way under which companies are now called upon to avoid and respond to environmental abuse by executing strong legal obligations, not only confronted with monetary fines imposed by regulations, but also with criminal act punishments in instances of abusive acts of severe misconduct. It discusses the dynamic nature of corporate responsibility, tightening of laws and enforcement systems (such as such a significant phenomenon as the expanded Environmental Crime Directive of the European Union) and incorporation of Environmental, Social, and Governance (ESG) aspects in corporate governance. A doctrinal approach is used and the literature analyzes legislation, judicial precedents, and academic sources to evaluate existing practices and issues in prosecuting corporations criminally who cause environmental degradation. The results indicate the tendency towards increased corporate responsibility: regulators and prosecutors around the globe are imposing the largest fines ever and criminalizing companies in cases of pollution, fraud, and ecological cataclysms, and investors and civil society demand more transparency and moral responsibility. Nevertheless, major loopholes persist, such as the lack of consistency in implementation, territorial challenges, and the necessity to introduce more explicit international guidelines. The article in turn provides recommendations on how companies can improve corporate environmental responsibility by improving legal systems and cross-border collaboration as well as entrenching strict ESG compliance programs into corporate systems. The conclusion also reinforces the point that corporate practices can and should be in line with environmental sustainability and the rule of law not only as a legal necessity but also as a crucial step toward gaining social trust and business resilience in the long-term.