الحماية الجنائية للبيئة في التشريعات السودانية والاتفاقيات والمواثيق الدولية

Abstract

Abstract This study handled, mainly, the topic of the "Criminological Protection of the Environment through the Sudan legislation, and the International Agreements", by handling and analysis of the Sudanese domestic environmental legislation, judicial decisions, and its compatibility (hanllonization) with the international agreements. The study aimed at the promotion of the legal rules, for the annihilation of the environmental crimes; or at least curbing offending and the destruction of the environment; and thence; their development, on the domestic, regional and international levels. Since pollution does not have a limit, which requires intelllational cooperation, through proximating between legal systems of all states. The study exposed that the environmental crimes are considered a relatively modern pattern of crimes. It emerged ,in the contemporary world, as a result of the various calls, for the legal protection of the environment, pursuant to its exposure to hazard and rapid pollution; which threatened life on earth and made all fonlls of life (man, funa and flora) at risks. The study is composed of five chapters. Chapter one was specified for explaining the core-angle of the concept of the environmental crime and the particularity of its nature. Chapter two discussed the elements of the environmental crime and the aspects of its distinction. Chapter three handled the punishment methods of the various legal systems, and its comparison with the penal policy of the Sudanese legislator. Chapter four exposed the development of the international legislative protection of the environment, the extent of its sufficiency and its impact on the internal criminal laws. Chapter five contained the required mechanisms, for the achievement of the criminal protection of the environment; such as the executive, legislative and social mechanisms. To cover the various dimensions which were organized in the above-mentioned chapters, the researcher has used a number of the scientific methodologies; such as, the documentation and descriptive approaches. In addition, the library research technique (the collection of secondary data), was used for the collection and the analysis of data. The study has reached several findings; the most important of which are: the numerity of the environmental laws in the Sudan; such as the environment protection act (2001) and the criminal act (1991),provide an observable measure of the legislative environmental protection. Yet, this is not sufficient to provide the required protection. This due to several reasons; such as: the environment crime is an "international crime" which should be curbed by the integration of the role of the internal law, with the international law. This is clear in the Sudanese legislator leaving out several vital issues which threaten the environment; and sufficing it self with the provisions of the international agreements. Yet, much of these international agreements are not obligatory, nor detailed enough. Secondly; the scarcity of the environmental awareness (for caring for the peripheral medium) which results, to a great extent, of the nonparticipation of the civil society in the environmental work in the required way; especially that the environmental crhne is considered an "Artificial Crime" (of the creation of legislation); and often unknown to individuals who do not fmd any shame in committing it. This makes many parties -including the state; commit activities which are destructive to the environment. The study concluded with some recommendations and suggestions for the enhancement of the environmental criminal protection. The most important of these are: the bridging of the legislative deficiency gap in the environmental laws -incriminatingly and penalizing. There must also be provisions for guarantees which achieve that protection, by the provision of the mechanisms which guarantee the implementation of the executive and judicial powers of those legislation. There must be some effort devoted to the diffusion of environmental awareness, by the informational, instructional and educational techniques, by paving the way for the civil society - beside the government side- to encourage the popular participation; together with official participation for achieving this protection.