We are proud to announce that the research of Me Marc Silvant, trainee lawyer at Penalex Avocats SA, has been published in the book Droit pénal de l’environnement : Quelle consécration?
Me Silvant has conducted research on the criminal liability of companies for environmental offences and published an article entitled:“The criminal liability of companies in the commission of environmental offences“.
This publication deals with the reflections on environmental offences in the context of the possible criminal responsibilities of the company, more particularly the application and the articulation of art. 102 al. 1 CP and 7 DPA. This article focuses specifically on the situations in which it is possible or not possible to punish a company criminally for environmental offences committed within the company. To begin with, mention is made of the specific criminal offences against the environment for which companies are liable to be punished. Then, an overview of environmental offences beyond the Swiss borders, specifically in European countries, allows the author to make a comparison. Secondly, the conditions of art. 102 al. 1 CP and art. 7 DPA, as well as the articulation between these two bases of liability, are examined in order to determine whether the environmental criminal law regarding the liability and prosecution of companies is adequate in the current system or whether, on the contrary, it is deficient. In order to illustrate the problem, Mr. Silvant has chosen different specific situations from cantonal and federal jurisprudence in which a company may incur criminal liability, mainly related to the problem of waste and water contamination. These case analyses of environmental offences and relevant case law provide readers with an overview of the current state of the art. Finally, Mr. Silvant discusses a solution, more or less effective, proposed in doctrine, to fight against this form of criminality, namely the confiscation of assets (art. 69 ff CP).
In order to maintain a high level of expertise, Penalex Avocats SA places great importance on research andteaching. Our lawyers and experts are also active in teaching at universities of applied sciences and at the University of Lausanne, in particular at the Institute for Combating Economic Crime, the HE-ARC, UniDistance Switzerland, and the University of Lausanne. They regularly publish the results of their research on economic crime, criminal law and criminal procedure.
Congratulations to Me Silvant for this excellent work!
The book can be purchased on the Helbing & Lichtenhahn website.
More information about corporate criminal liability can be found on our dedicated competencies page as well as in our basic and customized training courses.
