6533b7d8fe1ef96bd126ae1f

RESEARCH PRODUCT

The criminal prosecution of illegal fishing and the jurisdiction of Spanish courts

Jose Manuel Sánchez Patrón

subject

Economics and Econometricsillegal fishingspanish lawManagement Monitoring Policy and LawAquatic ScienceUNESCO::CIENCIAS JURÍDICAS Y DERECHOmaritime zonescriminal prosecutionLawGeneral Environmental Science

description

This paper examines the possibilities of criminally prosecuting illegal fishing in maritime zones based on crimes established in Spanish legislation. In order to carry out this analysis, a distinction has been made between prosecution based on the place in which acts of illegal fishing are committed (ratione loci), who is responsible for this illicit activity (ratione personae), and the criminal relevance of the incriminating conduct (ratione materiae). This reveals the scope of the criminal prosecution which Spanish courts can carry out and whether this is sufficient to guarantee marine biodiversity to the benefit of the international community.

10.1016/j.marpol.2022.105209https://hdl.handle.net/10550/86254