Bill 173.

Summary.

The bill amends Law 14 of May 18, 2007, which adopts the Criminal Code (Código Penal). It adds repair, mitigation or compensation for environmental harm as an ancillary penalty, based on a technical report from the Ministry of Environment (Ministerio de Ambiente). It increases the penalty for the offense referred to in the article preceding Article 132 when committed against an environmental human rights defender because of their defense work. It includes offenses against nature and the environment among the purposes of an association that trigger the penalty set out in the amendment to Article 329.

The bill recasts Chapters I and II of Title XIII. It penalizes destruction, extraction or degradation of natural resources in breach of environmental rules and increases the penalty in circumstances involving, among others, protected areas, watersheds, wetlands, water resources or marine ecosystems. It establishes offenses concerning harmful emissions and pollution, and sanctions the use of legal entities to promote environmental offenses. It addresses forest destruction, unauthorized transfer or acquisition of forestry permits, and logging beyond the scope of an authorization. It also penalizes conduct affecting protected flora and wildlife, including capture, trade and trafficking without the required permits. The provisions include exceptions for family subsistence activities and reduced penalties where specimens are returned under the stated conditions.

Further provisions cover harm to coral reefs, failure by officials under a duty to report offenses, fires, burning of crop residue, and improper handling of hazardous substances and waste. They address the release of energy, mining without a title or permit, environmental harm caused by authorized mining, dealings in minerals obtained contrary to environmental rules, and false documents for mining activities. The bill also covers diversion or obstruction of water, falsified information concerning emissions mitigation or climate adaptation, and breaches of environmental prevention, supervision and control duties. Depending on the conduct and the person responsible, it provides for imprisonment, fines or suspension of activities.

Chapter III penalizes false or omitted information in environmental studies and instruments, approvals issued contrary to applicable rules, and failure to comply with approved instruments. It covers awards of possession over public property or protected areas, unauthorized construction, works started without prior environmental approval, and building approvals or licenses contrary to land use rules. For construction on sidewalks and public spaces, it provides for fines, demolition and restoration. Chapter IV establishes offenses and penalties concerning cruelty to domestic animals, serious injury, intentional failure to provide care, abusive uses, illegal trade and inappropriate euthanasia. The bill repeals Chapter V of the same title. It also adds offenses involving obstruction of human rights defenders and acts or omissions by public servants affecting environmental defenders, with reference to access rights under the Escazú Agreement.

The bill amends Law 63 of August 28, 2008, which adopts the Criminal Procedure Code (Código Procesal Penal). Its provisional seizure provision would cover property linked to environmental and land use offenses, with the property placed under the Ministry of Economy and Finance (Ministerio de Economía y Finanzas) pending the competent judge’s decision. It authorizes the Guarantees Judge or the Trial Court (Tribunal de Juicio) to order precautionary measures to stop risks or harm and restore affected conditions. It provides for separate application of criminal and administrative sanctions and assigns the Ministry of Environment and the Specialized Senior Environmental Prosecutor’s Office (Fiscalía Superior Especializada de Ambiente), together with other competent institutions, responsibility for coordinating their application. The provisions could concern environmental and justice authorities, communities, human rights defenders, and the forestry, fishing, mining, agricultural, industrial, real estate and construction sectors.