Sayed Mohammad Alemi, Belal Ahmad Khatir
The increasing growth of successive environmental crises has caused
governments to seriously struggle and excogitate of solutions to prevent the
destruction of the environment. So far, about 280 international and regional
treaties have been concluded in the field of environmental protection. In the
domestic field, most of the countries of the world have taken effective steps to
codification or modify their internal laws and regulations and policies in the
environmental field. In the last two decades, Afghanistan has enacted laws and
regulations in accordance with the international law. It is clear, the mere
existence of rules and regulations in any field of law, without paying attention
to the contexts and how the rules are implemented, cannot be the solution to
problems, and the criminalization of violating the rules and the expression of
performance guarantees is a necessity of any legal system. In this research, with
the aim of evaluating the rules related to environmental protection, especially in
criminalization and determining the legal guarantees and sanctions for the
violation of environmental obligations, an analytical and descriptive review of
the approach of the Afghan criminal justice system has been conducted. We will
examine how effective this system has been in protecting the environment. A
detailed study of what is included in the criminalization and punishment of the
offenders in the laws of Afghanistan shows that the legislator paid relatively
good attention to the role of Afghanistan in this field. The Afghan Penal Code
has identified the most important environmental crimes in the 11th chapter and
determined the punishment for their perpetrators. The environmental code and
other related regulations have also given the role of policy maker and supervisor
to the National Environmental Protection Agency, and while delegating the
authority to detect violations and implement legal evidence, it has considered
the possibility of referring the matter for legal prosecution by that agency.