Innovation

2024; 5(1): 41-53

http://www.sciencepublishinggroup.com/j/innov
doi: 10.11648/j.innov.20240501.14
ISSN: 2994-7138 (Online)

Environmental Crime Dispute Resolution: A Comparative

Study Between Lebanese and French Legislation
Hani Mahmoud Hamza
Faculty of Law, Beirut Arab University, Beirut, Lebanon

Email address:

To cite this article:

Hani Mahmoud Hamza. (2024). Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and French Legislation.
Innovation, 5(1), 41-53. https://doi.org/10.11648/j.innov.20240501.14

Received: August 6, 2023; Accepted: August 29, 2023; Published: January 8, 2024

Abstract: This study dealt with the issue of available means to combat environmental crime in Lebanon and France, relying
on analytical and comparative approaches, and was divided into two parts. In the first section, it presented the extent of
specialization of the judiciary in considering environmental crimes, which is characterized by its technical complexities and
weak human and logistical resources. In the second section, alternative methods were presented for resolving these conflicts. It
was discovered that there is no specialized judiciary for environmental issues, which could lead the judiciary to fully accept the
expert's report. It turned out that the Lebanese legislator issued a law appointing a full-time environmental public defender and
an investigative judge to look into environmental cases on a part-time basis. And that the Minister of Environment has the
power to conclude a reconciliation contract with the polluter after a final court ruling is issued, in clear violation of the
principle of separation of powers. Therefore, this study recommended the necessity of establishing a public prosecution
specialized in environmental crimes, adopting alternative methods to solve environmental issues, promoting the application of
the polluter pays principle, training judges to solve these crimes, and strengthening the role of environmental associations.

Keywords: Environmental Crime, Judiciary Specializes, Alternative Means, Public Prosecution, Reconciliation Contract,
Separation of Authorities, The Polluter

organizations, so do these associations play the required role

1. Introduction in this regard? Does she realize the powers granted to her by
1.1. The Subject of the Research the legislator to combat these crimes?
In early 1992, Dean Vedel anticipated the challenges of
The development of the global industry and the environmental law, and he called for this law to become the
establishment of multinational companies that aim to law of the common heritage of humanity.
increase their profit at the expense of damage to the elements He explained that in recent decades, environmental law
of the environment, whether land, water, or air, can often be has developed significantly in both aspects of private and
caused by the failure of the competent public authority to public law.
control environmental violations. Or to the inefficiency of This development coincided with the high degree of public
this authority when carrying out its oversight functions, or to awareness of the importance of environmental issues, which
the weakness of the human and logistical resources of the increased the importance of research on ways to face
judiciary and the executive authority in combating this type challenges related to environmental criminal law [6].
of crime. In this context, the prosecutor of France, François Molins,
However, it must be noted that the executive authority draws attention to the growing concern about the risks
failed to secure logistical resources to monitor the polluting associated with the environment and health, and if citizens
factories, which led to the difficulty of determining the mobilize more for nature conservation and if public
amount of pollution and identifying the person causing it [3]. authorities decisively combat environmental damage, then
It is well known that combating environmental crimes is we can ask how effective our environmental law will be in
characterized by being supported by non-governmental combating environmental crimes.
42 Hani Mahmoud Hamza: Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and
French Legislation

In light of the expansion and diversity of environmental Obstacles to identifying a causal link between criminal
litigation, the following questions arise: What are citizens' behavior and environmental damage should be overcome.
expectations regarding environmental law and the role of
judges? What difficulties prevent the environmental criminal 1.3. Research Methodology
law from being effective? How does the judiciary deal with These questions will be answered by presenting the legal
environmental issues? What are the legal amendments and texts in the Lebanese legislation, relying on analytical and
regulatory procedures that can be adopted to improve the comparative approaches. Because the legal culture in France
handling of this type of dispute? [5] is the closest to the Lebanese legal legislation, we will adopt
With regard to environmental criminal law, litigants, and the French legislation as a model for comparison.
after them, citizens in general, want effective, consistent, and
deterrent justice, but they also want preventive and 1.4. Research Objective (Purpose)
correctional justice.
The primary goal of environmental legal texts is to achieve We will focus on two goals, the first is to demonstrate the
environmental justice, which is achieved by avoiding importance of having a specialized judiciary to consider
environmental damage and repairing it if it occurs. Therefore, environmental issues, and the second is to clarify the legal texts
there should be a specialized judiciary to look into these that allow the use of alternative means to resolve these disputes.
crimes, whose task is to speed up the issuance of judgments It has already become clear to us that there are alternative
of high quality and take into account both the legal and measures approved by the French legislator to combat
technical aspects as much as possible. environmental crime to activate and speed up the settlement of
Recently, it is noted that the legislative authority in Lebanon environmental issues, especially after it was shown to a part of
has issued environmental legislation and implementation French jurisprudence the low rate of judicial response in the
decrees, the broad title of which was the activation of combating field of combating environmental crime.
environmental crime, such as Environmental Protection Law No. 1.5. Study Plan
444 dated 7/29/2002, Integrated Solid Waste Management Law
No. 80 dated 10/10/2018, the Water Law issued in April of 2018, Based on the questions we raised previously, we will
Law No. 251 dated 4/15/2014 allocating full-time lawyers and divide the research on ways to resolve environmental crime
investigative judges for environmental Affairs, and Decree No. disputes into two sections. On the first topic, we present the
3989 dated 8/25/2016 establishing an environmental officer, specialization of criminal justice in environmental crimes,
determining the number of its members, and organizing its work. presenting the recommendations of the International Society
The natural question, after a series of these legislations, is the of Penal Law conference held in Rio de Janeiro on
extent to which this legislative development has been activated environmental crimes in 1994. Then we present the reality of
to combat environmental crime, and has the citizen begun to the situation in Lebanon, explaining the issue of the lack of
notice any improvement in terms of combating this crime? specialization of the Lebanese judiciary in looking into this
type of crime, although the legislator issued environmental
1.2. Introduce the Problem legislation that enhances transparency in prosecuting this
The most prominent obstacles facing combating type of crime. We will also present the reality of the situation
environmental crimes are the lack of specialization of the in France, noting the policy adopted to prosecute these
judiciary looking into environmental crimes due to the crimes. We will present the French jurisprudence, which
technical complexities of this type of crime. Environmental recommended strengthening the specialization of the
issues are characterized by technical complexities that the judiciary in prosecuting these crimes.
judge does not understand. In the second section, we will discuss alternative means for
But in reality, even if a specialized judiciary is available to resolving environmental crime disputes and show the extent
consider these disputes, the slowness of the procedures to which this idea can be applied in both France and Lebanon.
necessitates the search for alternative means to resolve this These topics will be presented as follows:
type of dispute. 1) The criminal judiciary specializes in considering
One of the remarkable things about environmental issues is environmental crimes
that it is easy for the polluter to evade criminal responsibility, 2) Alternative means of resolving environmental penal
given the difficulty of identifying the elements of this disputes
responsibility in light of the legal and technical complexities
of environmental crimes. 2. The Criminal Judiciary Specializes in
It is established that in order to impose a penalty for any
crime, there must be a clear and explicit legal text that Considering Environmental Crimes
defines the environmental crime committed by the polluter; Deciding on environmental issues requires a highly
that is, the legislator classifies it as criminal behavior that qualified judge who is equipped with all the means that allow
entails a specific penalty. Accordingly, it is necessary to him to decide on this type of complex issue. Perhaps the first
define the concept of environmental criminal behavior, that is, question to be asked before the judge, Is the act committed
environmental crime. What is environmental damage?
 Innovation 2024; 5(1): 41-53 43

considered an environmental crime or not? protection to the environment [1].

And because the main obstacle is in the specificity of this The Lebanese legislator pursued this policy when the
type of crime, we will begin this research with a presentation Lebanese Environmental Protection Law issued in the year
of the most prominent recommendations of the International 2002 and its applicable decrees, and issued the decree of the
Society of Penal Law Conference (Rio de Janeiro) on crimes land division plan in 2009, and then issued the water law in
against the environment held in 1994. After that, we present April of 2018, and the solid waste management law in
to what extent the judiciary specializes in considering September 2018.
environmental crimes in both Lebanon and France. In the same context, it came recommendations of the 1994
Rio de Janeiro conference on crimes against the environment.
2.1. Recommendations of the International Society of Penal The International Penal Code held its fifth meeting in (Rio de
Law Conference in (Rio de Janeiro) on Crimes Against Janeiro) in Brazil for the period from 4-10 September 1994
the Environment held in 1994 and discussed the topic of (environmental crimes, application
The legislation generally provides for criminal rules that of general criminal law). At the end of its conference, the
directly aim to protect the environment, such as those rules association issued several recommendations, including:
directly contained in the General Penal Code, and the special 2.1.1. Issues Related to Environmental Crimes
penal laws contained in environmental legislation, based on Environmental crimes must be precisely defined in
the fact that the environment represents a basic value in accordance with the principle of legality.
society. As the legislator has been usually sufficient to A distinction should be made between penalties prescribed
maintain and partially protect some of the funds that for non-compliance with administrative and regulatory texts
constitute a subject of the right of ownership as a value in that do not include deprivation of liberty, lead to the final
itself or to consider it elements of environmental value that closure of the factory, and criminal penalties imposed for the
should be preserved in itself. As did the Lebanese legislator, purpose of punishment for voluntary acts that cause serious
when he enacted some environmental crimes in the Penal damage to the environment.
Code, such as water crimes in the Lebanese Penal Code, The material element of environmental crimes should be
without allocating a special part of the environment in it. an act or omission that causes serious harm or creates a real
However, during the seventh conference of the Justice and imminent danger to the environment or to humans.
Ministers in Europe held in Germany in 1972, for the first As for the moral element in environmental crimes, there
time, the possibility of criminal law contributing to must be knowledge or intent, contingent intent with regard to
environmental protection was discussed. action or omission and their consequences, or any equivalent
The sub -body emanating from the conference ended up concept in national laws, In the case of fear of serious
issuing a recommendation with the number (77) of 1977, consequences, Just carelessness is enough.
stating that the criminal characteristic of activities and Should be observed, that the accused who acts or refrains
actions that did not constitute an aggression before that of the from acting - at a time when he knows that serious damage to
environment elements, and the determination of the the environment may result - and if this damage is actually
appropriate penalties for it in the Penal Code, and that achieved, then the defense of respecting the conditions of the
recommendation stipulated that: "The environment it license It should only be taken to the narrowest extent, - in
constitutes a fundamental value such as life, private or public addition to that, it is pursuant to According to the principle of
ownership, so the environment must be protected with the narrow interpretation, criminal penalties should only be
same amount in the criminal law. Besides killing and theft, applied in cases where civil or administrative penalties or
each law must include criminalization or more of pollution, compensation measures are insufficient, or cannot solve the
damage, and other violations of nature. Some countries have problems arising from the crime.
responded to this call, such as the German Penal Code.
However, most countries prefer to address environmental 2.1.2. Criminal Liability of Legal Persons
pollution crimes in special laws, and thus enact special laws National laws, in accordance with their constitutions and
to protect the elements of the environment, such as air, water, basic principles, shall provide for various criminal penalties
forests, land, wildlife, plants, etc. and appropriate measures for legal persons and public bodies,
The legislator usually resorted to adopting this legislative with regard to activities leading to the imposition of criminal
policy when he realizes the insufficient texts contained in the sanctions, committed by legal persons or public institutions,
Penal Code for Environmental Protection. or by natural persons.
It is noted that these laws are multiple, some of which are It is the responsibility of the administrative authorities to
related to water, air, land, fishing, and the exploitation of monitor and direct in a way that prevents a public or private
marine, forests, crushers... etc. legal person from carrying out an activity that poses a great
Some believe that through this legislative policy, the texts danger to the environment, and they must be held criminally
contained in the Penal Code for Human Protection, its Health, liable if serious harm results from their failure to carry out
the Protection of Public Safety, Livestock or Money are this duty.
based, to provide dependency or indirect protection of the National law must define, as clearly as possible, the
environment in its various aspects. To provide direct criteria for the liability of natural persons acting in the
44 Hani Mahmoud Hamza: Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and
French Legislation

service of public or private legal persons who may be held It is important to consider the special risks of certain
liable for the crime. [9] environmental crimes when extraditing criminals.
With regard to public legal persons, when a public In order to facilitate the prosecution of international crimes
institution is carrying out its public service duties and has against the environment, the competence of the International
caused serious harm to the environment or human beings or Criminal Court must include those crimes. [1].
when it has caused a real and imminent danger to the It is noted that the United States dealt with the issue of
environment or human beings, it should be possible to jurisdiction with consideration crimes of oil pollution of the
prosecute the public legal person for this crime, even if it It is seas, It issued the Oil Pollution Act (OPA), and the criminal
not possible to assign responsibility for the crime directly to a part of this law was distinguished by its extraterritorial effect,
specific natural person or to a representative of the institution. meaning that it can apply to acts and foreign persons that are
As for private legal persons, despite the principle of not subject to US jurisdiction according to general rules. The
personal criminal responsibility, when the provisions of the law applies its provisions to citizens and foreigners. This law
Constitution or principles of law permit, the criminal applies even if an oil spill occurs outside US waters, as long
prosecution of private legal persons for environmental crimes as that would affect the marine environment in it, and this
should also be possible in the event that responsibility for this matter would reduce the phenomenon of flags of courtesy,
crime is not directly attributed to a natural person Employed which are usually used to escape from being subject to the
by this legal person, and where the private legal person is jurisdiction of certain countries.
liable for serious harm against the environment, it should be Accordingly, the US legislator has adopted an objective
possible to prosecute that person for the environmental crime. criterion for submitting to US criminal jurisdiction in terms
Even if the damage resulted from a single act or omission or of oil spilled on the US marine environment, regardless of
a group of successive acts or omissions, the imposition of a the location of the ship, its nationality, or the nationality of
criminal penalty against the private legal person should not its owner or exploiter [8].
prevent the prosecution of the natural person working in the After it became clear to us the main points on which the
service of the legal person. international conventions focused on resolving
environmental crime disputes, we discuss the following as to
2.1.3. Environmental Crimes the extent of the Lebanese judiciary's specialization in
National penal codes should, in particular, stipulate considering these issues.
environmental crimes, and when environmental violations
deserve criminal punishment, the elements constituting them 2.2. The Extent of Judicial Specialty in Considering
should be stipulated in the law, so that this should not be left Environmental Crimes in Lebanon
to the discretion of the administrative authorities.
With regard to environmental crimes that are subject to the The Lebanese legislator, according to Law No. 251 - the
jurisdiction of several countries or that constitute a violation allocation of full-time public attorneys and investigative
of the public environment, they must be viewed as judges for environmental affairs on 4/15/2014, expanded the
international crimes. The law should facilitate citizen concept of environmental crimes, stipulating that
participation in the investigative process. environmental crimes are considered crimes resulting from:"
This is within the legal principles of each national legal Violation of laws and regulations related to the protection
system, and Observance of international legal principles of forests, natural reserves, biodiversity, protection of air,
specified in international agreements. water and soil from pollution, and those related to combating
damage caused by sound and noise.
2.1.4. The Competence Violation of laws and regulations related to quarries, sand,
With regard to cross-border pollution crimes, and when the and crushers.
damage or the serious threat of harm arising from an Violation of environmental laws and regulations for
environmental crime is realized outside the country in which defining environmental conditions for differently classified
the crime was committed in whole or in part, it should be institutions.
possible to prosecute the perpetrator criminally, whether in Violation of environmental laws and environmental
the country in which the crime was committed or in the other regulations that protect public and private property of the
country in which it was committed. Damage or danger is state, municipalities, and regional waters, and environmental
realized, provided that their defense rights are guaranteed and encroachments on marine, river, and groundwater properties.
international law is respected in all cases. Violating the laws related to the disposal of waste of all
As for extraterritorial environmental crimes, that is, when kinds, especially medical waste generated from hospitals 1
the damage or the serious threat of harm that finds its basis in and chemical and nuclear waste.
a specific environmental crime occurs outside the territorial
1
jurisdiction of any country, or in the global field, countries Decree No. 13389: Determining the types of waste from health institutions and
must agree on an international treaty or applying the treaties how to dispose of them on 9/18/2004.
(Amendment of Decree No. 8006 dated 6/11/2002), the website of the Lebanese
in force that allow for judicial prosecution in accordance with
Ministry of Environment, Decrees. Decision No. 1/11: related to the periodic
the following principles: principle of territoriality, principle report for the treatment of dangerous and infectious medical waste. The website
of nationality, and principle of universality. of the Lebanese Ministry of Environment.
 Innovation 2024; 5(1): 41-53 45

Violation of the provisions contained in Law No. 444 251 - the allocation of full-time public lawyers and
dated July 29, 2002, and all other legal provisions related to investigative judges for environmental affairs on 4/15/2014
the protection of the environment, wherever they exist. that it is proven that the special nature of environmental
Violation of laws and regulations that protect antiquities crimes requires a specialized judiciary to consider this type
and cultural and natural heritage.” of case, and studies have confirmed that only laws and
Perhaps this definition was unnecessary, because the sixth regulations that it takes into account the characteristics of a
paragraph of the first article of this law is sufficient to country that are sufficient to move from talking about
indicate that any violation of any legal provision contained in development to action and application, and the importance of
any environmental legislation is considered an environmental supporting the efforts of the Lebanese judiciary in
crime, and it is recognized that there is no punishment implementing laws related to the environment and that it is
without a text, Given the differentiation of penalties necessary to establish judicial departments in the courts to
according to the nature of the environmental offense adjudicate environmental issues and specialized prosecutions
committed, the environmental crime is determined by the to investigate these cases. Because controlling environmental
legal texts that define the environmental violation and the crimes and punishing their perpetrators would ensure the
penalty resulting from it. effective application of environmental laws and regulations
Part of the jurisprudence believes that the penalty system, and thus reduce environmental degradation and its dangers.
for example, aims to activate the specific environmental So it is clear that the justification for the project is the
goals monitored by the public authorities. It can impose a establishment of the judicial departments in the courts to
pollution limit on productive activities or impose the adjudicate environmental issues and specialized prosecution
adoption of non-polluting production systems. In order for offices to investigate these issues. However, it is remarkable
these rules to be truly respected, they must be subject to strict that the law that was approved did not mention a public
control, and in case of violation of the law, criminal penalties prosecution specializing in environmental issues, nor did it
are imposed on violators [7-9]. adopt investigative judges specialized in environmental
It is noted that when the legislator mentioned some issues. The primary judiciary dealing with environmental
environmental crimes, in Law No. 251 of 4/15/2014, such as issues is not a specialized judiciary, and therefore this law
the crime against antiquities and cultural and natural heritage, did not rise to the maximum level of environmental
he intended to be more strict when combating crimes against protection.
antiquities and cultural heritage than other environmental Although the proposal of this draft law referred to the
crimes. importance of establishing a specialized public prosecution3,
As it has become known, environmental criminal trials are the law that was issued did not refer to the specialization of
characterized by their special and precise technical nature, public prosecution judges in environmental crimes. It only
which makes it difficult for anyone to familiarize themselves stipulated that a full-time public attorney to pursue
with their vocabulary unless he is trained in this type of environmental issues, Article 1 of this law stipulates that:” A-
conflict. Among the public attorneys provided for in the third
It is noted that the Lebanese judiciary is not specialized in paragraph of Article 11, there shall be one or more full-time
understanding this type of case, and here a question arises environmental public attorney assigned by the Appeal Public
about how to overcome this obstacle? How can the Ministry Prosecutor to prosecute environmental crimes in accordance
of Environment and Civil Society contribute to expediting with the rules specified in the applicable laws”.
the resolution of these cases? This text contains several obstacles to prosecuting any
These topics will be presented in two sections, as follows: environmental crime in Lebanon, for the following reasons:
There is a difference between the existence of a
2.2.1. The Lebanese Judiciary Does Not Specialize in specialized environmental public prosecution that is well
Environmental Crimes aware of the specialized legal and technical nature of
The Lebanese Environmental Protection Law did not refer environmental issues, and a non-specialized public
to the specialization of Public Prosecution judges considering prosecution that assigns one of its public attorneys, who is
environmental cases. According to the provisions of Article not specialized, to prosecute environmental crimes.
55, when environmental crimes are detected by the Law No. 251 of 4/15/2014, although it is considered a step
Environmental Police, the control reports, together with forward towards activating the prosecution and control of
documents, statements and all information related to them, environmental crimes, yet this step is not sufficient to
refer to the Public Prosecution, and a copy of them is notified activate the productivity of public prosecutions in the
to the Ministry of Environment2 [10, 11]. prosecution of environmental crimes, and this is what we
It was stated in the justifications for submitting Law No. notice on the ground, as the productivity of public
prosecutions in Lebanon, in environmental issues are low
2
This approach has been adopted by some Arab laws, such as Article 87 of the [13], and they are almost non-existent in large files related to
Egyptian Environmental Protection Law, which grants employees of the Central
Agency for the Environment the status of judicial police officers in proving
3
environmental crimes, and obliges them to notify the Public Prosecution of any Law No. 251 - Appointment of full-time Public lawyers and investigative judges
violation that is discovered in accordance with the provisions of this law. for environmental affairs on 4/15/2014.
46 Hani Mahmoud Hamza: Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and
French Legislation

river pollution. And the establishment of quarries, crushers, The claim of the environmental public attorney of an
slaughterhouses and buildings contrary to environmental environmental crime is not easy in some environmental
laws, and there is no doubt that one of the fundamental crimes, but in other environmental crimes it is easy to prove
reasons for this reality is the lack of specialization of the full- the crime, for example, if it is found that the pollutant has
time defender general to look into prosecuting environmental violated the legal provisions related to the preparation of an
crimes. environmental impact assessment study or an initial
There is a difference between the existence of a environmental examination. The Environmental Public
specialized environmental public prosecution, consisting of Attorney can claim that the polluter violated section 58 of the
an environmental public prosecutor who is originally Environmental Protection Act. However, identifying the
appointed in his position, and the appellate public prosecutor pollutant is not an easy matter, especially with regard to legal
assigning a “full-time environmental public attorney or persons, let us assume that the polluter is a Shareholding
more”, because it is established in administrative science, company, so who is claiming? the authorized signatory
that the principal cannot be dismissed from his assignment executive director or members of the board of directors? And
except for specific reasons in the law that require stopping if the legislator specifies a penalty of imprisonment or a fine,
him from pursuing his case, on the other hand, from an is this fine imposed on the polluted legal person or on the
administrative point of view, whoever has the authority to executive director authorized to sign on behalf of the
assign can withdraw his assignment, and here, and given that company? What if the authorized signatory exceeds the limits
environmental crimes are sensitive issues, we can imagine of his signature? Who is responsible for paying this fine, the
that there will be interventions not to pursue the prosecution legal person or the person authorized to make the decision
of this type of crime, and we fear in the light of this legal delegated by the legal person? And how can liability be
reality that there will be pressure to withdraw the file from distinguished between fund companies and corporate persons
the Environmental Public Prosecutor or to weaken his under different responsibilities in the financial disclosure in
position at a minimum, therefore, we recommend the need the two types of companies?
for a public prosecution specialized in environmental crimes, We can refer all the observations we made regarding the
whose judges avoid any form of pressure that threatens their Public Prosecution Office to the investigative judges who
independence in prosecuting environmental crimes, in this have the authority to look into environmental issues, article 3
context, it is fair to point out that the phenomenon of of Law No. 251 dated 4/15/2014 amended Article 51 of the
intervention to close prosecutions in environmental crimes is Code of Criminal Procedure, adding the following text: “The
a global phenomenon, and is not linked to the Lebanese issue. first investigating judge shall assign one or more
Instead of the legislator moving towards the specialization investigative judge to investigate cases of environmental
of public prosecutions and the training of public lawyers, due crimes, in addition to the tasks assigned to him.” 5
to their lack of technical knowledge of the environmental However, what can be noticed in the text related to
crimes under investigation, to ensure that the investigation is investigative judges, which we did not notice with regard to
conducted scientifically, paragraph D of Article 1 of Law No. the text related to the Public Prosecution, is that the
251 dated 4/15/2014 stipulates that the environmental public investigative judge is assigned to investigate environmental
attorney can hire specialists in environmental affairs and in crimes, in addition to the tasks entrusted to him, that is, the
the affairs of antiquities and cultural heritage to carry out the investigating judge is not as dedicated to environmental
technical and technical tasks assigned to them. crimes as the public environmental attorney, and this is a big
In fact, the appointment of experts cannot fill the gap of loophole, because the investigative judge, in our opinion, has
the lack of specialization of the environmental public a greater and more dangerous role than the public prosecutor,
attorney, because in light of this reality, the environmental as a result, an indictment will be issued as a result of the
public attorney will completely surrender to the expert’s investigation, the investigating judge must look into the most
report, especially since he decides on issues he does not accurate technical details, and not like the environmental
understand, and he will not be able to understand its finer public attorney who can rely on preliminary apparent
details, and we will reach the result that the prosecution is his evidence to charge the polluter. Therefore, it is not correct to
path will be determined by the expert, not the environmental
public attorney, which will strike at the independence of the
by a Public Prosecutor assisted by public lawyers...
judiciary. The functions of the Public Prosecution at the Court of Appeal are performed by a
Paragraph B of Article 1 of the same law states that: “... b) Public Prosecutor assisted by one or more public lawyers.”.
5
The environmental public attorney claims the environmental Article 51 of the Lebanese Code of Criminal Procedure stipulates that: “In the
crime and determines the names of the defendants. center and scope of each court of appeal there is an investigative circuit composed
of a senior investigative judge and investigative judges
He may claim against an unknown person before the
The investigation department is headed by the first investigating judge.
investigating judge, and he may initiate a public claim or a The application paper in which the Public Prosecution alleges the crimes is
claim directly before the competent courts” 4 referred to the First Investigating Judge. It also submits to it the direct lawsuits
submitted by those affected by the crimes, along with their personal claims.
The Senior Investigating Judge himself undertakes the investigation of important
4
Article 11 of the Lebanese Code of Criminal Procedure states that: “The cases and distributes other cases to the investigative judges in his department.
functions of the Public Prosecution at the Court of Cassation shall be performed He supervises the smooth running of work in his department".
 Innovation 2024; 5(1): 41-53 47

assign an investigative judge to investigate environmental the Registrar of the Court, by informing the Ministry of
crimes, flooding him with the legal and technical Environment of all environmental judicial rulings that have
complexities of this type of case, and assigning him at the been concluded, and according to the inquiry required by the
same time to other work., because the legislator is thus Ministry of Environment, to organize a record in which all
indirectly obstructing the work of the investigative judiciary environmental prosecutions and judgments are recorded, and
in the field of prosecuting environmental crimes. to make it easier for it to monitor the validity of these data.
As for the judiciary base that looks into environmental Therefore, coordination should be made between the Minister
issues, article 56 of the Environmental Protection Law of Environment and the Minister of Justice, all of this will
stipulates that violations detected, in accordance with the cause a lot of the environmental movement at the judicial
provisions of this law and its implementation texts, shall be level, and if the Ministry of Environment plays its role in this
examined by the individual judges specialized in the field, the percentage of resolution of environmental penal
governorate in which the violation occurred, the judiciary disputes will definitely improve. [12]
considers environmental crimes in accordance with the
principles of summary trials related to witnessed crimes. Not (ii). Informing Citizens of the Rulings of Criminal Courts
in the event that one of the parties to the dispute wishes to Related to Environmental Issues
appeal against the penal judgment issued, he can only appeal The legislator required the judiciary to inform the public of
against it by appeal, and he is not entitled to appeal against it criminal judicial Judgments in Paragraph (f) of Article 1 of
by cassation. Law 251 dated 4/15/2014, which stipulated that: “F-
In fact, the urge to have a specialized judiciary on Judgments and decisions issued on environmental issues
environmental issues applies also to the basic judiciary, shall be published in two local newspapers, including the
however, it should be noted the importance of the legislator’s decision to dismiss the case.”.
stipulation to resolve these disputes in accordance with the Based on this article, we show the following notes:
summary principles, and not to allow an appeal except by The legislator did not oblige the judiciary to inform the
second degree (appeal), as this text will speed up the public of the prosecutions of the Environmental Public
completion of this type of dispute, especially if it turns out to Prosecution, perhaps so that the accused will not be defamed
us that these disputes are slow in their completion, which in the media and no judicial Judgments will be issued, in
naturally leads to poor productivity The judiciary issuing accordance with the principle that the accused is innocent
judgments condemning environmental polluters. until proven guilty.
Publication of judgments and decisions issued in
2.2.2. Publication of Environmental Prosecutions and environmental cases, particularly those relating to the
Penal Provisions preservation of the case, it plays the role of civil society in
The fact that the Lebanese judiciary is not specialized in terms of informing it of the seriousness of these judgments
looking into environmental crimes should not be taken as an and decisions, and if the polluter is convicted, Did the
excuse for the Lebanese judiciary to turn a blind eye to signing of these sanctions achieve the purpose of deterrence?
resolving disputes that are presented to it in accordance with The importance of civil society oversight is highlighted in
legal and technical principles. that it includes associations specialized in environmental
Therefore, it was necessary to take measures that would issues from the legal and technical sides, this reality will
raise the degree of his vigilance, and these measures were motivate the judiciary examining these cases not to be
represented in obligating the judiciary to inform the Ministry negligent in deciding these cases, but to achieve this end,
of Environment and civil society at different levels of these environmental associations should play their role properly in
judicial prosecutions. monitoring the three legislative, executive and judicial
authorities, and that professional reports are prepared to be
(i). Informing the Ministry of Environment in presented to the media, explain the reality of environmental
Environmental Criminal Prosecutions and Judgments criminal trials, this matter should not be exploited by civil
The Lebanese legislator stressed the importance of society to interfere in the work of the judiciary, but what we
informing the Ministry of Environment of criminal are saying is that civil society should play its role properly in
prosecutions and rulings issued, article 5 of Law 251 dated protecting the judiciary, which issues its rulings in the name
4/15/2014 stipulates that: “A special register shall be of the Lebanese people, from the futility of politics, which is
maintained by the Ministry of Environment in which criminal likely to interfere to disrupt environmental criminal trials. [12]
prosecutions and judgments issued against natural and legal It's important to note that this reality can be observed in
persons in environmental crimes shall be recorded.” France, where there are some questions about the
Paragraph (e) of Article 1 of it obligates the heads of the effectiveness of civil parties and their role in environmental
administrative department in the competent courts to inform trials [5].
the Ministry of Environment of every final environmental
penal judgment issued against a natural or legal person in 2.3. The Extent of Judicial Specialty in Considering
order to record it in the special register referred to in Clause Environmental Crimes in France
(b) of Article 5 of this law within three months of its issuance.
So, with approval, the notification obligation required of It notes the weakness of the prosecution of environmental
48 Hani Mahmoud Hamza: Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and
French Legislation

crimes in France, or at least it is not at the required level, and repair these damages, especially after the increase in the risks
notes the interest of the French judiciary and the executive associated with the environment and health [4, 5].
and legislative authorities to enhance this prosecution. Of course, according to the current situation, the judge will
In the following, we will present the policy adopted for the often resort to general criminal qualifications, which are
prosecution of environmental crimes in France, and the easily accessible, as they are at hand, instead of resorting to
recommendations of the jurisprudence to enhance this the qualifications stipulated in environmental law, which
prosecution. require capabilities that may not be available at the time.
We find this legal and technical complexity, for example
2.3.1. France's Policy for Prosecuting Environmental in the case of the criminal law of the sea or the law of
Crimes "special"or dangerous waste, this fact weakens the ability to
Administrative or judicial orders that undermine the prove the causal relationship between environmental damage
effectiveness of combating environmental crimes may be and error.
causing the weak follow-up of environmental lawsuits in This jurisprudence confirms that the judicial organization
France [5]. should evolve in order to allow for better specialization of
As a result, a circular was issued on April 21, 2015, which prosecutors and judges. Indeed, the legislation is witnessing
clarified the bases on which the work of the Public some development in this context. Article 706-2 of the Code
Prosecutor should be based on the framework of the criminal of Criminal Procedure, in its successive form resulting from
prosecution of those who caused environmental damage, the laws of March 9, 2004 and November 18, 2016,
which are: expanded jurisdiction, to the Public Health Centers of Paris
The systematic search for a solution, regardless of the and Marseille for some serious environmental crimes of a
measures required. very complex nature, this system makes it possible to provide
The trial shall be tight in the event of serious irreparable resources adapted to the complex technical procedures to be
harm or preventing an employee from carrying out his task, dealt with, especially with regard to crimes against natural
or in the event of recurrence. heritage, crimes related to trade in plant protection products,
Adopting alternatives to prosecution in all other cases. and crimes related waste committed within the organized and
This circular took into account that the slowness in this transnational crime.
type of case can be attributed to the technical nature of this He stressed the need for the Public Prosecutor to be the
type of file, and the lack of control of the judiciary over all link between public administrations and specialized
the technical details of the file [5]. institutions, and the supervisor of the work of the
Thus, this circular determined the orientations of the penal administrative and judicial police in environmental cases.
policy in France in environmental affairs, as it encouraged From this perspective, only the development of public
public prosecutors to initiate criminal procedures in the event prosecutors, trained in an understanding of the highly
of a direct attack on life that caused massive or irreparable technical law, that allows them to be the authority in
damage to the environment, or in the event of repeated environmental matters, will allow them to establish and
behavior or related to non-compliance with administrative consolidate their natural authority over all stakeholders, in
decisions. particular the administrative authorities, who currently often
It can be said that this adopted policy is distinct, gradual, determine the results of their reports Orientation of the case,
and ensures progress in a systematic manner to restore the either towards an alternative to prosecution or referral to
situation to what it was, but the application of this policy court.
faces difficulties, despite the confirmation of the law issued Effective environmental justice requires swift and
on August 1, 2008 on applying the principle of the polluter uncomplicated action. There is no doubt that the extremely
pays [2-6]. slow progress of environmental cases can be attributed to the
2.3.2. The Justifications of Part of the Jurisprudence in technical nature of this type of file, which makes it more
France to Adopt the Specialisation of Judges in the difficult for the judge to control this type of file. However,
Consideration of Environmental Offences these long and complex procedures are not inevitable, but can
A side of the French jurisprudence explained that the be avoided, as better training of judges, and increased
application of environmental criminal law often requires a resources, can significantly reduce the time taken to
large amount of scientific data, makes the handling of this adjudicate in these cases [5].
type of case very sensitive. If we want to enhance the effectiveness of punishment for
And confirmed on the importance of creating a specialized environmental crimes, we must approximate criminal
judiciary in environmental matters that takes into account the procedures with the technical specifics of the law, which
complex techniques surrounding environmental law, poses strong challenges in terms of compensation for
especially after it has been shown that the current treatment damages and which civil society pays more attention to [5].
of environmental crimes is not satisfactory, which requires a After investigations, it is required to ensure that the
qualitative and effective response on the part of the judicial decisions issued by the courts are of high quality, so that they
authority. By imposing specific penalties on the perpetrators constitute the true guarantee of the effectiveness of
of environmental damage and adopting a mechanism to environmental law, and this matter can only be reached
 Innovation 2024; 5(1): 41-53 49

through professionally trained judges in technical litigation desired end.

and requires a large amount of legal and technical knowledge The Environmental Protection Law is a preventive law
related to understanding environmental elements. before it is a remedial law, and therefore we should take into
Basically, the directions announced by the Public account the repair of environmental damage in the first place,
Prosecution Office should be based on a specific punitive we do not say that we do not focus on toughening the
policy in consultation with the active persons in the penalties, but what I say is that the administration should
institutions and associations in the region, just as terrorism or work through its powers to repair environmental damage. [11]
organized crime is fought, and it seems that specialization is I do not think that there is anything more difficult for the
the most appropriate solution for judges and prosecutors. polluter than the repair the environmental damage because it
This jurisprudence considered that the December 24, 2020 is costly. For example, instead of the state bearing the costs
law had promoted environmental, criminal and civil justice, of repairing the pollution of the Litani River, it should
particularly through the establishment of specialized regional obligate those who polluted it to pay the costs of its repair.,
centers. This is a step forward, but it is a step that as it is known that the direct cause of this pollution is the
complicates the organization of the judiciary, in terms of projects surrounding this river that violate environmental
defining the jurisdiction of the criminal courts among legislation such as the environmental impact assessment
themselves, or between criminal courts and civil courts [5]. decree and the decrees related to these projects such as the
decrees of quarries and crushers, proving the identity of the
polluter is a very easy matter, as long as the violation of the
3. Alternative Means of Resolving environmental legal rules is clear and this violation is
Environmental Penal Disputes considered a criminal offense in application of the provisions
of Article 58 of the Environmental Protection Law, in our
The slow pace of environmental penal trials, whether in opinion, and in light of this reality, the judiciary should
Lebanon or in France, negatively affected the effectiveness strengthen the application of the provisions of the polluter
of environmental penal texts, which led to an increase in the pays principle stipulated in the Environmental Protection
number of environmental violations, which necessitates Law, even if this procedure leads to declaring the polluters
asking the following questions: What are the legal means bankrupt, I think that this procedure may be more severe on
provided by the legislator in order to avoid this obstacle? the polluter than imposing a small fine on him that does not
Some talked about the possibility of adopting alternative achieve the purpose of imposing it, we suggest that the public
means to resolve environmental penal disputes. Is it prosecutor accompanies this procedure, so that if the polluter
permissible to adopt these means in Lebanon and France? performs his duty to repair the environmental damage, this
These topics will be presented as follows: behavior constitutes a justification for reducing the penal
3.1. The Extent to Which Alternative Means Can Be penalty. I believe that by following this method, it is possible
Adopted to Resolve Environmental Penal Disputes in to maintain a balance between the economy and the
Lebanon environment.
In accordance with the provisions of Article 66 of the
There is no special text in the Lebanese law that allows the Environmental Protection Law, the Minister of the
adoption of alternative procedures for resolving penal Environment has the right to sign a reconciliation contract on
environmental disputes in the context of what we observe in fines and compensation that have been adjudicated for
private disputes, where we note the adoption of mediation damages to the environment, in application of the provisions
and arbitration, some may see that criminal disputes are of this law and its implementation texts, provided that the
related to the public right, and it is not permissible to settlement does not cover more than half of the value of the
reconcile over the public right, so if the polluter results in a fine or compensation."
criminal penalty determined by the legislator, then this In fact, this text is criticized in several aspects, which are
penalty should be imposed on the polluter so that he can be as follows:
an example to others, but if we look with some realism at the a) This authority could have been understood if it had
extent of the judicial response in environmental penal been given to the Minister of Environment before
disputes. We note that the numbers indicate that referring the case to the penal court.
environmental penal judgments are few, even with the This authority is justified as an alternative means for
issuance of Law No. 251 of April 15, 2014. This may be due resolving environmental penal disputes under the condition
to several reasons, Which include: of the Public Prosecution’s prior approval and supervision of
Most of the sources of pollution come from large projects, this reconciliation. We justify this in view of the special
such as quarries, factories, residential complexes, dams, nature of environmental crimes and the importance of
sanitary drains, etc., and we know de facto that most of the expediting the termination of these cases due to the large
project owners are senior economists who are supported by number of such crimes being committed locally.
influential political associations on the Lebanese scene, and However, to give this authority after a judicial ruling is
this matter whether we like it or not, one of the most issued violates the principle of separation between the
important reasons why criminal disputes do not reach the legislative, executive, and judicial authorities.
50 Hani Mahmoud Hamza: Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and
French Legislation

When a final criminal court ruling is issued, it is not out to deal with water crimes that violate the provisions
permissible, according to legal principles, to make a of Water Law No. 77 of April 4, 2018, through a
reconciliation over it. reconciliation contract regarding the records of the
Therefore, the authority to sign this reconciliation may not violations committed.
be given to a member of the executive authority, who is the On the other hand, Article 66 of the Environmental
Minister of Environment. Protection Law allows the Minister of the Environment to
Here, we raise a question: what if the licenses granted conclude a reconciliation over the fines specified in
were contrary to the law, and the Minister of Environment accordance with the provisions, which indicates the lack of a
participated in giving them, such as the licenses granted to clear policy by the Lebanese legislator to reduce
Quarries and Crushers, as the Minister of Environment heads environmental crimes.
the Supreme Council for Quarries and crushers, which issues 2) It is not clear to us how a reconciliation contract can be
a decision approving the granting of the license before concluded on the records of the violations committed,
referring the file to the competent governor? and this issue means a settlement contract to end the
b) The aim of the alternative procedures that we propose dispute.
is to give the polluter an opportunity not to issue a And that the legislator stipulated that the reports of
severe criminal judgment against him, provided that he violations be referred immediately to the competent Public
repairs the environmental damage within a specific Prosecution by the Minister of Energy and Water, based on
time limit, and that compensation be imposed on him the proposal of the public investment institutions for water.
against those affected and deterrent fines, but what has It seems that, according to the wording of this text, the
become clear to us through this text is that the reconciliation contract is based on the compensation that the
legislator assumes that he will not sentence the polluter state is entitled to as a result of violating the provisions of the
to imprisonment, and that he will often be sentenced to Water Law. As for the public right, it is not permissible to
compensation or a fine, so this text is criticized in reconcile it, and it should be referred to the competent Public
terms of that it has created a loophole through which a Prosecution to take action regarding prosecuting the violators.
clear service can be provided to the polluter by 3) It is not clear from the provisions of Article 102 of the
reducing the value of the compensation or fine to half. Water Law, any reference to the value of the potential
What is the justification for providing this service to reconciliation contract, as is the case in Article 66 of
the polluter? This provision is not justified, especially the Environmental Protection Law, and we do not
since with the issuance of a final judgment, the object to the principle because it speeds up the
judgment can be implemented on its original basis, the resolution of environmental disputes, but rather we
polluter’s money can be seized, and it can be made an suggest that the value of the reconciliation contract
example for others. Therefore, we are surprised that exceed the value of environmental damage achieved in
after the legislator reduced the penal penalty for many addition to imposing a fine with the aim of achieving
environmental crimes, the legislative authority was the goal of deterrence in committing environmental
given powers to the executive authority to intervene in violations.
the work of the judicial authority and reduce the value
of punishment and compensation. 3.2. The Extent to Which Alternative Means Can Be
c) Despite our criticism of this text, it should be clarified Adopted to Resolve Environmental Penal Disputes in
that the reconciliation provided for and related to France
compensation should relate exclusively to the The French legislator realized that the complexity and
compensation awarded in the interest of the state, and it technicality of environmental law often lead to a lengthening
does not include in this authority the compensation of legal procedures related to environmental damage and
awarded to the other victims, those in whose favor final delaying compensation for the damage achieved. Thus, the
court rulings for compensation have been issued. dual objective of achieving a prompt and appropriate
Therefore, the text of this article should be amended to criminal response to the most serious environmental crimes
avoid ambiguity, and the word compensation should be committed by legal persons and repairing the damage caused
replaced with the word “compensation awarded in the by the crime is an urgent and necessary need.
interest of the state.” The Environmental Law issued on August 10, 2016
d) Article 102 of Water Law No. 77, dated April 13, 2018 expanded the penal scope of environmental crimes. After it
stipulates that: “The conciliation can be concluded used to include only water and fishing, it now includes all
regarding records of violations committed. Reports of crimes stipulated in the Environmental Law [6].
violations must be immediately referred to the The Environmental Law allowed the use of alternative
competent Public Prosecution by the Minister of means to resolve environmental disputes in Article 12-173,
Energy and Water based on the proposal of the public which states:
investment institutions for water.” First: The administrative authority may, as long as the
Accordingly, we make the following observations: public lawsuit has not been initiated, deal with natural and
1) The Lebanese legislator provided, in Article 102, a way legal persons regarding the prosecution of violations and
 Innovation 2024; 5(1): 41-53 51

crimes stipulated in this law that are punishable, with the provide better control that enhances environmental protection,
exception of crimes that are punishable by more than two and clarify the extent of the responsibility of legal persons.
years. However, it raises questions about the extent to which
The settlement proposed by the department must be criminal courts have abandoned their natural role defined in
approved by the prosecutor and accepted by the offender. the Code of Criminal Procedure [5].
Second: This option does not apply to violations for which
the public action ends with the payment of a specific fine, in 4. Conclusion
accordance with Article 529 of the Code of Criminal
Procedure. 4.1. The Results
Third: The offer of the deal is determined according to the
circumstances of the crime, its seriousness, the personality of Through researching ways to reduce environmental crimes,
its owner, his resources, and the charges against him. it became clear to us that the Lebanese and French legislators
It specifies the transaction fine that the offender will have did not notice the existence of a specialized judiciary on
to pay, and also, where appropriate, the obligations that will environmental issues, which may push this judiciary to fully
be imposed on him and with which he should comply, such accept the content of the expert’s report, noting that in
as stopping the violation, avoiding its renewal, repairing the Lebanon there is no accredited national laboratory.
damage, or restoring the situation to its previous state. Even the Lebanese legislator, in the law prepared
It also determines the deadlines for payment and, if specifically to enhance the existence of a specialized public
possible, the performance of the obligations imposed on him. prosecution, distinguished between the presence of a full-
Fourth: Actions aimed at executing the deal interrupt the time environmental public attorney, while the investigative
statute of limitations for the public action. judge looking into environmental cases is part-time, despite
The public lawsuit is extinguished when the perpetrator of the fact that the investigative judge’s duties require him to
the crime has fulfilled all his obligations since the moment of research the technical complexities of environmental issues.
acceptance of the transaction and within the specified We have found some legal complications that may
deadlines. confront the legal researcher; for example, identifying a
Fifth: The State Council will determine how to apply this pollutant is not easy, especially with regard to legal persons,
article. as is proving the causal link between damage and
Accordingly, the text of Article 12-173 is considered an environmental error.
advanced step taken by the French legislator to put an end to It has been shown that the judiciary faces a major
environmental criminal litigation. challenge when determining compensation for damages.
It is important to note: It also became clear to us that the Lebanese legislator
This authority was given to the administration before the granted by the environment minister the power to conclude a
criminal case was initiated. reconciliation contract with the polluter after a court ruling is
This settlement was only raised for disputes in which issued, in clear and explicit violation of the principle of
penalties do not reach more than two years, which means that separation of authorities.
serious environmental crimes are excluded from the scope of It has been noted that the problem with the development of
this agreement. the environmental crime crisis in Lebanon is not only in the
The importance of the role given by the French legislator gaps in the legal text but also in the interventions of
to the environmental public prosecutor is that he must agree influential persons to obstruct the work of the executive and
to this agreement approved by the offender, and this text is judicial authorities in reducing environmental crimes.
considered an advanced step in the framework of cooperation 4.2. Recommendations
between the judicial authority and the executive authority.
This settlement cannot be applied to the public lawsuit that After we reviewed the results that confirmed the
ends with the payment of a fine, in contrast to what the importance of reforming the legislative loopholes that
Lebanese legislator imposed on allowing a reconciliation impede the control of environmental crimes, we recommend
contract to be conducted on fines and compensation. adopting the following legislative amendments:
In our opinion, this text can be adopted by the Lebanese 1. The need for a public prosecution specialized in
legislator, as long as the slowness in ending the environmental crimes, whose judges avoid any form of
environmental criminal cases has been noted before the pressure that threatens their independence in
Lebanese judiciary. prosecuting environmental crimes.
In addition to Article 12-173 of the French Environmental 2. The importance of adopting alternative ways to solve
Code, we note other similar texts, such as the text of Article environmental issues, such as obliging the polluter to
41-1-3 of the Code of December 24, 2020 (Code of Criminal repair environmental damage, obligating him to pay
Procedure), which authorized the creation of a judicial large compensations, and making settlements with the
agreement of public interest (CJIP) in environmental matters. administrative authority.
Some French jurisprudence believes that these texts are a 3. Amending Lebanese Law No. 251 dated April 4, 2014
tool that will speed up the repair of environmental damage, assigning public lawyers and investigative judges to
52 Hani Mahmoud Hamza: Environmental Crime Dispute Resolution: A Comparative Study Between Lebanese and
French Legislation

look into environmental crimes so that it stipulates: polluter will not persist in committing his actions, and the
“Appointing a full-time investigative judge to look into second is that environmental disputes will be quickly
environmental crimes.” resolved.
4. In order to reach judicial decisions of high quality, the 11. Proceeding from the discretionary authority of the
Lebanese judiciary should adopt the principles that judiciary in determining the value of the compensation
guide the Public Prosecution in France, which are and the size of the damages, we recommend that the
based on: judiciary adopt the upper limit for ruling compensation
1) Systematic search for the solution, regardless of the commensurate with the size of the damage, even if the
required procedures. value of these compensations leads to the bankruptcy
2) That the trial be regular in the event of serious of the polluters. Here we wonder why the Lebanese
irreparable damage, preventing an employee from judiciary does not enhance the issuance of judicial
carrying out his mission or in the event of recurrence. rulings that entail civil liability on polluters, and award
Adopting alternatives to prosecution in all other cases. them compensation aimed at repairing the
Applying the polluter pays principle. environmental damage they caused.
Better training for judges and increasing their resources. 12. If the administration fails to take the necessary
That the public prosecutor is the main coordinator who individual or organizational measures to implement the
communicates with the specialized public departments and regulation aimed at maintaining public order, it will be
the administrative and judicial police, and that the public held responsible.
prosecutors be developed and trained to master the In this case, I see that it is possible for those affected to file
environmental law from the legal and technical aspects, so a complaint before the Public Prosecution against the
that they are the reference in environmental matters. employee in the violating public administration and to claim
5. Enhancing cooperation between the Public Prosecution, the necessary compensation, regardless of the behavioral
the Public Administration and environmental NGOs. prosecutions, based on the fact that the behavioral
6. Environmental associations should play their role in prosecution does not prevent the criminal prosecution, and I
monitoring the three legislative, executive, and judicial believe that the prosecution of these employees should not be
authorities, and professional reports should be prepared linked to the permission of their superiors in the executive
to be presented to the media, explaining the reality of authority, especially if it becomes clear to us that their
environmental criminal trials. superiors sometimes have an interest in the occurrence of
7. That the value of the reconciliation contract conducted these violations.
by the Lebanese Minister of the Environment exceeds 13. The criminal texts in Lebanon are scattered in several
the value of environmental damage achieved, in special laws, so we suggest codifying them in a book
addition to imposing a fine with the aim of achieving that facilitates the work of the legal researcher,
deterrence from committing environmental violations. accompanied by appropriate legal explanations.
8. Amending Article 66 of the Environmental Protection
Law, which stipulates the right of the Minister of 4.3. Suggested Studies
Environment to conduct reconciliation over fines and In this research, ways of prosecuting environmental crimes
compensation awarded for damages to the environment, were presented, but we should point out that this study is not
because this provision violates the principle of sufficient in itself to shed light on the issue of controlling
separation of authorities and the possibility of environmental violations. Environmental crimes can be dealt
reconciliation before the issuance of a judicial ruling, with from a broader legal angle, which is environmental
and replacing the word “compensation” with the word responsibility. In this case, this responsibility can be studied
“compensation awarded in the interest of the state”, in its civil aspect.
and canceling the phrase “permissible to reconcile over Whereas, those affected have the right to claim the
fines”, because a fine is a penal punishment related to a personal right to be judged with the necessary compensation.
public right, and the principle is that reconciliation is In this context, the concept of environmental error,
not permissible over a public right. environmental damage, and causal link is raised as elements
9. Finding a mechanism that enhances cooperation of arranging civil liability for the polluter, and the
between the various parties to control environmental responsibility of the polluter are also raised if he is a person
crimes, especially pollution of water, air, and land. of public law, such as a country attacking another country
10. Proceeding from the fact that the Environmental and causing pollution in its territory, the responsibility of the
Protection Law is a preventive law before it is a public administration for the actions of its employees, and the
remedial law, we should take into account the repair of disciplinary responsibility of the public employee who fails
environmental damage in the first place, no matter how to perform his legal role.
light the damage, based on the application of the Environmental crimes are often committed with the
polluter pays principle. complicity of public officials, whether by granting licenses in
By applying this principle and imposing a fine on the violation of the law or disregarding polluter control when
polluter, two goals will be achieved, the first is that the they commit violations.
 Innovation 2024; 5(1): 41-53 53

Finally, the issue of the administration's authority to [6] François MOLINS, Opening remarks of the colloquium on
impose administrative penalties on polluters, such as "The environmental process", Monday, October 21, 2019, p1-
2. www.courdecassation.fr
imposing fines, removing damages, and taking precautionary
measures. [7] Ghassan Rabah, Responsibility for Environmental Pollution, a
All of these topics are legal topics complementary to the comparative study, Security Journal, Security, Legal,
issue of prosecuting environmental crimes, and we consider Scientific, Social and Psychological Studies, 26th Issue -
April-May-June, 2006.
it necessary to give them priority in completing any future
research. [8] Jalal Wafaa Muhammadin, Legal Protection of the Marine
Environment from Oil Pollution, New University House
Publications, 2001, p140.
References [9] Kamal Razik, The Role of the State in Environmental
Protection, Researcher Magazine, Issue 5, 2007, p95.
[1] Abed al-Basit Muhammad Saif al-Hakimi, Environment and
its Protection from Pollution, Sana'a University Journal of [10] Salim Salameh Hatamleh, Administrative Control Procedures
Law and Islamic Studies, Sana'a University Publications, for the Protection of Human Rights from Radioactive
Third Issue, January 2005, p195-202/240-245. Pollution of the Environment in Jordanian Legislations,
Studies - Sharia and Law Sciences, Volume 36, Number 1,
[2] Béatrice Parance - Gilles Lhuilier, Justice environnementale: 2009.
le défi de l’effectivité (cycle 2020), 2 avril 2020.
www.courdecassation.fr [11] Majed Ragheb Al-Helou, Environmental Protection Law in
the Light of Sharia, New University House, 2009, p76-77.
[3] Bisan Tayy, Judicial Ruling for the Protection of the
Environment... by Scientific Standards, Al-Adl, Al-Akhbar [12] Nabil Sari, how was the Environmental Public Prosecution
Newspaper, Monday, February 2010, Issue 1039, p. 10. Law approved 8 years ago, and why was it not implemented?
https://al-akhbar.com/Archive_Justice/117522 Secrets published for the first time, Court Magazine,
7/22/2022.
[4] François Molins, Opening speech of the training cycle on
environmental criminal law, Monday February 8, 2021. [13] Nazih Naim Shalala, Legislations, Laws and Decisions, The
www.courdecassation.fr Environment in Lebanon, The Modern Book Foundation,
Tripoli, first edition, 2004, p663.
[5] François Molins,"The environment: citizens, the law, judges -
Perspectives from the Council of State and the Court of
Cassation", May 21, 2021, p1. www.courdecassation.fr