The Approach of Afghanistan's Criminal System Towards Environmental Crimes


Sayed Mohammad Alemi, Belal Ahmad Khatir


Abstract

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.



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