تجاوز إلى المحتوى الرئيسي
Title:
Svenska Skogsplantor AB
Party:
السويد
المنطقة:
أوروبا
Type of document:
National - higher court
تاريخ النص:
مايو 17, 2006
مصدر البيانات:
InforMEA
اسم المحكمة:
Högsta Domstolen
مقر المحكمة:
Stockholm
الرقم المرجعي:
B3506-04
ECOLEX subject(s):
Waste & hazardous substances
Agricultural & rural development
Abstract:

The company Svenska Skogsplantor AB had been given a permit to use two kinds of pesticides for their field cultivation. The company, nevertheless, chose to utilise two other pesticides. The regional manager, J.N. was accused for the act as the responsible regional manager of environmental issues.

The Supreme Court found that J.N had been negligent in allowing other pesticides than the ones approved. The Supreme Court then moved to the question of whether the act was a minor offence or not. In accordance with chapter 29 section 11 of the Environmental Code, no penalty shall be imposed if the offence is minor. The Supreme Court concluded that the room for such an assessment it small and that in this case, the accused person had even sought a permit, the conditions of which were then disregarded. Therefore J.N. was liable for the offence.

Since the offence that J.N. was guilty of was not found in law, the Supreme Court concluded that he could not be sentenced to prison.  The second part of the judgment also touched upon the issue of offences derived from other sources than law.

Files: