RT Journal Article
T1 The prosecution of fisheries crime in Spanish criminal law: the impact of European Union regulations
A1 Valeije Álvarez, Inma
K1 Illegal fishing
K1 IUU fishing
K1 Fisheries crime
K1 Administrative sanctions relating to fishing
K1 Accessory penalties
K1 Green criminology
AB This contribution offers a critical reflection on fisheries crime as described in the Spanish Penal Code. It sets out the reasons why its treatment is considered ineffective, and why the administrative offences and sanctions provided for in Law 3/2001 on Maritime Fisheries are more effective and dissuasive. However, it also considers that a legislative policy relying on the severity of administrative sanctions for its effectiveness may be counterproductive. The most recent judgements of the ECtHR consider that a disproportionate administrative sanction is equivalent to a penalty and should therefore be imposed with the same procedural and substantive safeguards. Finally, it is concluded that in order to avoid impunity for serious crimes in the field of IUU fishing activities, often managed by transnational and organised criminal networks with links to other criminal activities, the contribution of criminal jurisdiction is essential. Therefore, a reform of the Spanish Criminal Code is required, extending the conducts punishable as fishing crimes, increasing the penalties and establishing the criminal liability of legal persons
PB Elsevier
YR 2023
FD 2023
LK http://hdl.handle.net/10347/29385
UL http://hdl.handle.net/10347/29385
LA eng
NO Marine Policy 147 (2023) 105327
NO This work has received financial support from the Spanish State Research Agency, Ministry of Science and Innovation (DOI: 10.13039/501100011033) within the framework of the research project “The implementation of SDG 14 in Spain and the EU: regulatory challenges for international cooperation and maritime security (ESPODS14)” (PID2019-109680RB-I00)
DS Minerva
RD 24 abr 2026