Causation in Environmental Offense

DOI

10.2991/assehr.k.200529.243How to use a DOI?

Keywords

environmental offense, causation, scientific evidence, legal evidence

Abstract

This study is aimed at analyzing the inadequacy of theories on causality in criminal law to be applied to the offenses of environmental damage/pollution, and ideas about its use in relation to characteristic of environmental offense. This study belongs to normative legal research using the statutory, philosophical, and conceptual approaches. The study reveals that today, the environmental is philosophically placed both as a legal interest and victim of crime. Such crimes can directly threat or harm the environment. The environmental damage or pollution also threatens the rights of future generations to enjoy clean and healthy environment as an impact of principle of ubiquity. The amount of environmental damage is also difficult to calculate and the time span can occur decades later after the crime was committed. Therefore, the proof of causality must shift from the proof of factual consequences to the proof of effect under the basis of prediction of scientific knowledge. The transformation of scientific evidence into legal evidence is the main key in proving emerge of environmental damage/pollution.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Mahrus Ali
PY  - 2020
DA  - 2020/05/04
TI  - Causation in Environmental Offense
BT  - Proceedings of the 1st Borobudur International Symposium on Humanities, Economics and Social Sciences (BIS-HESS 2019)
PB  - Atlantis Press
SP  - 1159
EP  - 1162
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200529.243
DO  - 10.2991/assehr.k.200529.243
ID  - Ali2020
ER  -