1. Understanding the challenges of penal transactions

Violation of environmental regulations may constitute an offence: either a contravention, a délit or a crime (see Identifying responsibilities and penalties [FIC 0133] ).

The perpetrator of such an offence is liable to be prosecuted before a criminal court in an action known as a "public action": the aim is to punish the violation of regulations on behalf of society. The penalty incurred is a fine and/or a prison sentence, as well as additional penalties (e.g. publication of the conviction).

The penal transaction makes it possible...